2Nd EUROPEAN CONFERENCE on NATIONALITY

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2Nd EUROPEAN CONFERENCE on NATIONALITY Strasbourg, 10 December 2001 CONF/NAT (2001) PRO PROCEEDINGS CONFNAT 2nd EUROPEAN CONFERENCE ON NATIONALITY “CHALLENGES TO NATIONAL AND INTERNATIONAL LAW ON NATIONALITY AT THE BEGINNING OF THE NEW MILLENNIUM” (Strasbourg, 8 and 9 October 2001) PROCEEDINGS 2 CONTENTS Page Foreword ............................................................................................................................. 5 OPENING SPEECHES Hans Christian Krüger, Deputy Secretary General of the Council of Europe .................... 9 Diogo Lacerda Machado, State Secretary for Justice of Portugal .................................... 11 INTRODUCTION The work of the Committee of experts on nationality (CJ-NA) By: Zdzislaw GALICKI, Professor, Director of the Institute of International Law, University of Warsaw, Poland, Chair of the CJ-NA ............................................... 17 I. INTEGRATION AND NATIONALITY “Interaction between nationality and integration” Rapporteur: Felicita MEDVED, Centre for Research in International Migration and Ethnic Relations (CEIFO), Stockholm University, Sweden ............................................. 23 “Identity and nationality” Rapporteur: Thomas CASSUTO, Judge, Ll..D, Ministry of Justice, France, former Member of the CJ-NA........................................................................................... 41 II. CONDITIONS FOR THE ACQUISITION OF NATIONALITY “Conditions for the acquisition of nationality by operation of law ex lege or by lodging a declaration of option” Rapporteur: Gerard René de GROOT, Professor of Comparative and Private International Law, University of Maastricht, The Netherlands ........................................ 65 “Acquisition of nationality through naturalisation: an assessment of European legislation” Rapporteur: Andrew WALMSLEY, former Director of Nationality, Home Office, Liverpool, United Kingdom, former Member of the CJ-NA............................................ 95 III. MULTIPLE NATIONALITY “Regulation of multiple nationality by bilateral and multilateral agreements” Rapporteur: Mykola RUDKO, Head of the Citizenship Department, Administration of the President of Ukraine, Member of the CJ-NA ....................................................... 109 “Multiple nationality and the European Convention on Human Rights” Rapporteur: Nuala MOLE, Director, The AIRE Centre, Advice on Individual Rights in Europe ........................................................................................................................ 129 3 IV. NATIONALITY IN RELATION TO STATE SUCCESSION “General aspects of nationality and human rights in relation to state succession” Rapporteur: Ineta ZIEMELE, Professor of International Law and Human Rights, R. Wallenberg Institute / Riga Graduate School of Law ................................................ 149 “Statelessness in relation to State succession : the necessity of an additional instrument to the European Convention on Nationality” Rapporteur: Roland SCHÄRER, Head of the Nationality Section, Office Fédéral de la Police, Département fédéral de justice et police, Berne, Switzerland, former Chair and Member of the CJ-NA.................................................................................... 173 CONTRIBUTIONS De facto and de jure “belonger” status: the relevance of recognition of sovereignty Paper submitted by: Andrew GROSSMAN, LLB ( Columbia ), Docteur en droit ( Louvain )....................................................................................................................... 191 How does nationality integrate? Paper submitted by: Robin M WHITE, Department of Law, University of Dundee, UK written with the assistance of Margaret Barron Linton, Department of Law, University of Dundee, UK ................................................................................................................ 195 The principle of non-discrimination in matters relating to nationality law - a need for clarification? Paper submitted by: Eva ERSBØLL, Cand. Jur., Research Fellow, The Danish Centre for Human Rights............................................................................................................ 199 Repatriation as a form of acquiring Polish Citizenship Paper submtted by: Artur KOZLOWSKI, Vice-Director, Office for Repatriation and Foreigners, Poland........................................................................................................... 201 Assimilation or Integration? Paper submitted by: Juris CIBULS, Deputy Head of Foreign Relations Department, Naturalisation Board, Latvia ........................................................................................... 205 CLOSING SPEECHES N.A. KALSBEEK, State Secretary for Justice of the Netherlands................................. 211 Margaret KILLERBY, Head of the Private Law Department, Directorate General of Legal Affairs, Council of Europe ............................................................................... 215 CONCLUSIONS AND PROPOSALS......................................................................... 217 List of participants ........................................................................................................ 219 4 FOREWORD The 2nd European Conference on Nationality focused on the following subjects: - integration and nationality - conditions for acquisition of nationality - multiple nationality - state succession and nationality. Eighty participants from all over Europe and beyond attended this important gathering of professionals working in the field of nationality. The Conference represented an important opportunity for the Council of Europe benefit from the experience of these professionals and for the views and knowledge to be shared. After detailed and in-depth discussions on the reports presented by the eight Rapporteurs, the participants called on the Council of Europe, through its Committee of Experts on Nationality (CJ-NA)1, to concentrate on three areas of activity. Firstly the principles and rules of the European Convention on Nationality should be developed with regard to conditions for the acquisition of nationality, the question of the right to a ‘given’ nationality and State succession and nationality. Secondly, the CJ-NA should pay particular attention to the relationship between integration and acquisition of nationality, the question of when distinctions in the field of nationality law might amount to discrimination and the effect of other aspects of human rights issues on nationality matters. The Committee should also consider the regulation, at national, bilateral and multilateral levels of problems arising from nationality in relation to State succession and multiple nationality. The delegates took into account the guidelines produced by the 1st European Conference on Nationality2 and centred their discussions on the new challenges created by the evolution of nationality law. The proposals outlined at the Conference form the logical continuation to the many years of work already carried out by the Council of Europe with regard to nationality law. This work lead to the adoption of the European Convention on Nationality in 1997. This Convention entered into force in March 2000 and combines for the first time in a single text all the important issues relating to acquisition and loss of nationality. These Proceedings contain the opening and closing speeches of the Conference, the texts of all the reports as well papers submitted by certain delegates and the conclusions of the Conference. A list of participants also features at the end of the text. 1 The CJ-NA is a subordinate committee to the European Committee on Legal Co-operation (CDCJ) 2 The 1st European conference on Nationality on “Trends and Developments in National and International Law on Nationality” took place in Strasbourg in October 1999. 5 6 OPENING SPEECHES 7 8 OPENING SPEECH By Hans Christian KRÜGER Deputy Secretary General of the Council of Europe State Secretary, Ambassadors, Ladies and Gentlemen, It is an honour for me to open the 2nd European Conference on Nationality on behalf of the Council of Europe. Nationality is and remains the main link between the individual and the state: it is the basis for many fundamental individual rights and an important aspect of the identity both of individuals and of states. The right to a nationality is recognised in the Universal Declaration on Human Rights of 1948. It is also the basis of the European Convention on Nationality and other international instruments. There has, however, not yet been any general agreement on how to identify which nationality a person has the right to obtain. The European Convention on Nationality contains principles and rules on acquisition and loss of nationality aimed at providing some answers to the question of which nationality a person has the right to obtain and at avoiding statelessness. These are also the main aims of the Council of Europe's work in the field of nationality, as well as of our partner organisations in this field, in particular the United Nations High Commissioner for Refugees. The Convention was inspired by the drastic changes which took place in Europe after 1989. The European Convention on Nationality entered into force on 1 March of last year. According to the conclusions of the first Conference, this Convention has become a kind of European code on nationality, although its effects reach beyond Europe. The provisions and principles contained in this Convention have influenced not only the nationality
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