Acquisition and Loss of Nationality Policies and Trends in 15 European States Volume 1: Comparative Analyses IMISCOE (International Migration, Integration and Social Cohesion) IMISCOE is a European Commission-funded Network of Excellence of more than 350 scientists from various research institutes that specialise in migration and integration issues in Europe. These researchers, who come from all branches of the economic and social sciences, the huma- nities and law, implement an integrated, multidisciplinary and interna- tionally comparative research program that focuses on Europe’s migra- tion and integration challenges. Within the program, existing research is integrated and new re- search lines are developed that involve issues crucial to European-level policy making and provide a theory-based design to implement new re- search. The publication program of IMISCOE is based on five distinct publication profiles, designed to make its research and results available to scien- tists, policymakers and the public at large. High-quality manuscripts written by IMISCOE members, or in cooperation with IMISCOE members, are published in these five series. An Editorial Committee coordinates the review process of the manuscripts. The five series are: 1. Joint Studies 2. Research 3. Dissertations 4. Reports 5. Textbooks More information on the network can be found at: www.imiscoe.org. IMISCOE Research includes publications resulting from research of IMISCOE members like research monographs and edited volumes. Acquisition and Loss of Nationality Policies and Trends in 15 European States Volume 1: Comparative Analyses edited by Rainer Baubo¨ck Eva Ersbøll Kees Groenendijk Harald Waldrauch IMISCOE Research This publication is based on research funded by the Community’s Sixth Framework Programme and cofunded by the Austrian Federal Ministry for Education, Science and Culture. Cover illustration: © The Scotsman Publications Ltd. / Donald Macleod Muhammed Maqsood and children during first citizenship ceremony (photo The Scotsman 20 January 2005) Cover design: Studio Jan de Boer BNO, Amsterdam Lay-out: Fito Prepublishing, Almere ISBN-13 978 90 5356 949 8 (both volumes) ISBN-10 90 5356 949 9 ISBN-13 978 90 5356 920 7 (volume 1) ISBN-10 90 5356 920 0 ISBN-13 978 90 5356 921 4 (volume 2) ISBN-10 90 5356 921 9 NUR 741 / 763 © Amsterdam University Press, Amsterdam 2006 All rights reserved. Without limiting the rights under copyright re- served above, no part of this book may be reproduced, stored in or in- troduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. Contents Tables 9 Preface 11 Rainer Baubo¨ck, Eva Ersbøll, Kees Groenendijk and Harald Waldrauch Introduction 15 1 Nationality and citizenship in Europe: a common concern for all Member States 15 2 Terminology and research design 17 3 Main Trends 20 4 Main recommendations 30 Kay Hailbronner 1 Nationality in public international law and european law 35 1.1 The concept of nationality in public international law 35 1.2 Conditions for the acquisition of nationality 52 1.3 Loss of nationality 67 1.4 Rights and duties related to nationality 71 1.5 Multiple nationality 82 1.6 Nationality and Union citizenship 85 Harald Waldrauch 2 Methodology for comparing acquisition and loss of nationality 105 2.1 Basic outline of the method of comparison 106 2.2 Typology of modes of acquisition and loss of nationality 108 2.3 Detailed questionnaires 114 2.4 Research questions 118 Harald Waldrauch 3 Acquisition of nationality 121 3.1 Birthright-based modes of acquisition of nationality 121 3.2 Basic residence-based modes of acquisition of nationality 134 3.3 Family relation-based modes of acquisition of nationality 159 3.4 Affinity-based modes of acquisition of nationality 169 3.5 Other modes of acquisition of nationality 174 3.6 Density and frequency of different regulations 175 6 CONTENTS Harald Waldrauch 4 Loss of nationality 183 4.1 Renunciation of nationality 183 4.2 Loss of nationality abroad 187 4.3 Loss of nationality in or outside the respective country 195 4.4 Summary and conclusions 208 Isabelle Chopin 5 Administrative practices in the acquisition of nationality 221 5.1 Introduction 221 5.2 Methodology 221 5.3 Legal and political trends 228 5.4 Administrative practices 241 5.5 Dual/multiple nationality 251 5.6 Incentives to apply for nationality 255 5.7 Recommendations 258 5.8 Conclusion 261 Annex: List of NGOs 262 Harald Waldrauch 6 Statistics on acquisition and loss of nationality 269 6.1 Introduction 269 6.2 Availability and quality of statistics regarding acquisitions of nationality 270 6.3 Acquisition of nationality: statistical developments 283 6.4 Statistics of cases of loss of nationality 310 Betty de Hart and Ricky van Oers 7 European trends in nationality law 317 7.1 Introduction 317 7.2 Acquisition of nationality: the second generation 320 7.3 Acquisition of nationality: the first generation 322 7.4 The process of implementation 327 7.5 Emigrants and their offspring 333 7.6 Multiple nationality 336 7.7 Gender equality 340 7.8 The influence of international law 344 7.9 Conclusions 350 Harald Waldrauch 8 Rights of expatriates, multiple citizens and restricted citizenship for certain nationals 359 8.1 Introduction 359 8.2 Nationals with restricted citizenship 360 CONTENTS 7 8.3 Nationals with multiple nationality 363 8.4 Expatriates 374 8.5 Summary and conclusions 379 Kees Groenendijk 9 The legal integration of potential citizens: Denizens in the EU in the final years before the implementation of the 2003 Directive on long-term resident third country nationals 385 9.1 Introduction 385 9.2 Analysis of changes in national law and practice in 2000-2004 391 9.3 Conclusions 404 Kees Groenendijk 10 The status of quasi-citizenship in EU member states: Why some states have ‘almost-citizens’ 411 10.1 Definition and research questions 411 10.2 Commonness and diversity 413 10.3 Why was this status created and when? 420 10.4 The status of non-citizen minors 422 10.5 Acquisition and loss of status 422 10.6 Rights attached to the status 423 10.7 Conclusions: quasi-citizenship: a transitional status? 425 Rainer Baubo¨ck and Bernhard Perchinig 11 Evaluation and recommendations 431 11.1 Introduction 431 11.2 General principles for acquisition and loss of nationality 433 11.3 The impact of European integration on Member State nationality 442 11.4 Legal rules for the acquisition and loss of nationality 446 11.5 Institutions and procedures for naturalisation 467 11.6 Concluding Remarks 475 Appendix: glossary 479 List of contributors 489 Bibliography 491 Tables Table 2.1 Typology of modes of acquisition of nationality 112 Table 2.2 Typology of modes of loss of nationality 115 Table 3.1 Ius sanguinis at birth (A01): acquisition of nationality by persons born to at least one parent who is a national – rules 1985-2005 122 Table 3.2 Ius soli at birth (A02): acquisition of nationality by persons born in the country to non-national parents – rules 1985-2005 126 Table 3.3 Ius soli after birth (A05): acquisition of nationality by persons born in the country to non-national parents – main rules 1985-2005 130 Table 3.4 Basic residence-based modes of acquisition (A06) in force in early 2005 – procedural characteristics 136 Table 3.5 Basic residence-based modes of acquisition (A06) in force in early 2005 – material conditions 140 Table 3.6 Socialisation-based modes of acquisition of nationality (A07): rules 1985-2005 160 Table 3.7 Main modes of transfer of nationality to spouses of nationals of the respective state (A08) in force in early 2005 162 Table 3.8 Overview of major affinity-based modes of acquisition of nationality in early 2005 176 Table 3.9 Overview of modes of acquisition of nationality in the EU15 states in force in early 2005 179 Table 4.1 Loss of nationality due to acquisition of a foreign nationality (L05) (overview of rules in force in early 2005) 197 Table 4.2 Modes of loss of nationality in EU15 states in early 2005 210 Table 4.3 Selected conditions for the loss of nationality in early 2005 216 Table 6.1 Events triggering ex lege acquisitions of nationality after birth (rules in early 2005) 274 Table 6.2 Persons who may acquire nationality after birth abroad (rules in early 2005) 278 10 TABLES Table 6.3 Acquisitions of nationality after birth 1985-2004 284 Table 6.4 Explanation of data in section 1 of Table 6.3 287 Table 6.5 Rates of nationality acquisition 1985-2004 298 Table 6.6 Acquisitions of nationality by continent of previous nationality 304 Table 6.7 Most important (former) nationalities of persons acquiring nationality 307 Table 6.8 Share of women among persons acquiring nationality 1985-2004 309 Table 7.1 Requirements for knowledge of language and society and existence of ceremonies by countries 322 Table 8.1 Bilateral agreements and international conventions concerning the military obligations of persons holding multiple nationality 366 Table 8.2 Electoral rights of expatriates in elections at national level 370 Table 8.3 Summary of restrictions of rights and additional duties of certain groups of nationals 381 Table 10.1Rights attached to quasi-citizenship status in six EU Member States 421 Preface Citizenship has been a major buzzword in the social sciences for sev- eral decades. Yet in the course of the debate the usefulness of the idea has suffered from conceptual overstretch. In this book, we study a spe- cific and precisely defined aspect of citizenship: the legal status that re- lates an individual as a ‘national’ to one (or sometimes more than one) particular state.