Bauböck-Perchinig WT.Indd
Total Page:16
File Type:pdf, Size:1020Kb
IMISCOE sievers The European Union’s enlargements of 2004 and 2007 have greatly increased the research diversity of historic experiences within the eU as well as its contemporary conceptions of statehood, nation-building and citizenship. How did newly formed states determine ( e who would become their citizens? How do countries relate to their large emigrant / per communities, to ethnic kin minorities in neighbouring countries and to minorities s . ) pa a c in their own territory? And to which extent have national citizenship policies beenг жд н тво affected by new immigration and by integration into thee U? The expanded and updated hinig edition of Citizenship Policies in the New Europe describes the citizenship laws and their Citizenship Policies in the historical backgrounds in the eU’s twelve new countries and the accession states Croatia / and Turkey. This work complements Acquisition and Loss of Nationality, a two-volume Citizenship Policies in Citizenship the Policies New Europe analysis of the eU’s fifteen old Member States also published in the IMISCOe-aUP Series. Citizenship Policies in Citizenship the Policies New Europe New Europe Authors: Andrea Baršová, Eugene Buttigieg, Agata Górny, Constantin Iordachi, Priit Järve, Elena Jileva, Zeynep Kadirbeyoglu, Mária Kovács, Kristīne Krūma, Expanded and Updated Edition Dagmar Kusá, Andre Liebich, Felicita Medved, Dorota Pudzianowska, Francesco Ragazzi, Wiebke Sievers, Daniel Smilov, Igor Štiks, Judit Tóth and Nicos Trimikliniotis , ( .) “A unique analysis of citizenship policies in the countries of the most recent wave of EU enlargement, plus Turkey. The contributors provide deep insights into the complex histories of nationality in these countries and the challenges they now face in managing national and ethnic identity issues.” Martin Rhodes, University of Denver, Colorado “By extending the common framework of the NATAC study to the ‘new Europe’, this volume provides the first systematic comparison of these important cases, thus giving scholars and policymakers a more complete and accurate picture of citizenship policies throughout the European Union.” Marc Morjé Howard, Georgetown University, Washington, d.C. “I know of no other comparable collection that combines this breadth of coverage with the characteristic depth of analysis.” Michael Collyer, Sussex University, Brighton “This work is a worthy completion of the most impressive research ever done on European citizenship laws. For a change, European moneys well spent.” Christian Joppke, American University of Paris Expanded and Updated Edition Updated and Expanded cetăţenie isn 978 90 8964 108 3 ser niversi press · .p.n Amsterdam University Press Citizenship Policies in the New Europe IMISCOE International Migration, Integration and Social Cohesion in Europe The IMISCOE Network of Excellence unites over 500 researchers from European institutes specialising in studies of international migration, integration and social cohesion. The Network is funded by the Sixth Framework Programme of the European Commission on Research, Citizens and Governance in a Knowledge-Based Society. Since its foundation in 2004, IMISCOE has developed an integrated, multidisciplinary and globally comparative research project led by scholars from all branches of the economic and social sciences, the humanities and law. The Network both furthers existing studies and pioneers new research in migration as a discipline. Priority is also given to promoting innovative lines of inquiry key to European policymaking and governance. The IMISCOE-Amsterdam University Press Series was created to make the Network’s findings and results available to researchers, policymakers and practitioners, the media and other interested stakeholders. High-quality manuscripts authored by IMISCOE members and cooperating partners are published in one of four distinct series. IMISCOE Research advances sound empirical and theoretical scholarship addressing themes within IMISCOE’s mandated fields of study. IMISCOE Reports disseminates Network papers and presentations of a time-sensitive nature in book form. IMISCOE Dissertations presents select PhD monographs written by IMISCOE doctoral candidates. IMISCOE Textbooks produces manuals, handbooks and other didactic tools for instructors and students of migration studies. IMISCOE Policy Briefs and more information on the Network can be found at www.imiscoe.org. Citizenship Policies in the New Europe Expanded and Updated Edition edited by Rainer Baubo¨ck Bernhard Perchinig Wiebke Sievers IMISCOE Research Cover design: Studio Jan de Boer BNO, Amsterdam Layout: The DocWorkers, Almere ISBN 978 90 8964 108 3 e-ISBN 978 90 4850 225 7 NUR 741 / 763 © IMISCOE / Amsterdam University Press, Amsterdam 2009 All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced 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 owners and the authors of the book. Contents List of figures and tables 11 Preface 15 Andre Liebich Introduction: Altneuländer or the vicissitudes of citizenship in the new EU states 21 1 New states and old concerns, or why there is not much plural citizenship in the Altneula¨nder 21 2 Old categories and new principles, or how ethnicity has trumped other grounds of citizenship 24 3 Old wrongs and new rights, or how to use citizenship to correct history 31 4 Conclusion: The historical past, the ethnic present and the immigrant future 37 Annex: Constitutional preambles (extracts) 38 PART IRESTORED STATES Priit Ja¨rve 1 Estonian citizenship: Between ethnic preferences and democratic obligations 45 1.1 History of Estonian nationality 45 1.2 Basic principles of the most important current modes of acquisition and loss of nationality 50 1.3 Current debates on nationality 53 1.4 Statistics on acquisition of nationality since 1992 58 1.5 Conclusions 60 Kristı¯ne Kru¯ma 2 Checks and balances in Latvian nationality policies: National agendas and international frameworks 67 2.1 History of nationality policy 67 2.2 Basic principles for the acquisition and loss of nationality 74 2.3 Current political debates 80 2.4 Statistics 83 2.5 Conclusions 88 6 CITIZENSHIP POLICIES IN THE NEW EUROPE Kristı¯ne Kru¯ma 3 Lithuanian nationality: Trump card to independence and its current challenges 97 3.1 History of nationality policy 97 3.2 Basic principles of the most important current modes of acquisition and loss of nationality 106 3.3 Current political debates 112 3.4 Statistics 114 3.5 Conclusions 116 PART II STATES WITH HISTORIES OF SHIFTING BORDERS Agata Go´rny and Dorota Pudzianowska 4 Same letter, new spirit: Nationality regulations and their implementation in Poland 123 4.1 Polish nationality in historical perspective 124 4.2 Basic principles of current regulations on Polish nationality 128 4.3 The unresolved debate (1999-2001) 134 4.4 Acquisitions of Polish nationality in figures 136 4.5 Conclusions 141 Ma´ria M. Kova´cs and Judit To´th 5 Kin-state responsibility and ethnic citizenship: The Hungarian case 151 5.1 History of Hungarian policies on nationality since 1945 152 5.2 Current nationality legislation 154 5.3 Current political debates on (dual) citizenship 158 5.4 Trends in statistics 165 5.5 Conclusions 169 Constantin Iordachi 6 Politics of citizenship in post-communist Romania: Legal traditions, restitution of nationality and multiple memberships 177 6.1 History of Romanian nationality 178 6.2 Democratic transformation: Current regulations on ascription, acquisition and loss of nationality 184 6.3 Current political debates 191 6.4 Statistics on the restitution of nationality 198 6.5 (Re)constructing nationality in post-communist Romania: Comparative perspectives 200 CONTENTS 7 Daniel Smilov and Elena Jileva 7 The politics of Bulgarian citizenship: National identity, democracy and other uses 211 7.1 History 212 7.2 Current citizenship rules and practices 220 7.3 Current political debates 226 7.4 Current statistical trends 235 7.5 Conclusions 238 PART III POST-PARTITION STATES Andrea Barsˇova´ 8 Czech citizenship legislation between past and future 249 8.1 History of Czechoslovak citizenship policies 249 8.2 Basic principles of acquisition and loss of Czech citizenship 254 8.3 Current political debates 258 8.4 Statistics 261 8.5 Conclusions 263 Dagmar Kusa´ 9 The Slovak question and the Slovak answer: Citizenship during the quest for national self-determination and after 275 9.1 History of Slovak citizenship 276 9.2 Current regulations of acquisition and loss of Slovak citizenship 284 9.3 Current political debates and reform plans 289 9.4 Statistical trends (acquisition of Slovak citizenship since 1993) 294 9.5 Conclusions 296 Felicita Medved 10 From civic to ethnic community? The evolution of Slovenian citizenship 305 10.1 History of citizenship policies 305 10.2 Basic principles of acquisition and loss of Slovenian citizenship 313 10.3 Current political debates 320 10.4 Statistics 323 10.5 Conclusions 325 10.6 Epilogue 327 8 CITIZENSHIP POLICIES IN THE NEW EUROPE Francesco Ragazzi and Igor Sˇtiks 11 Croatian citizenship: From ethnic engineering to inclusiveness 339 11.1 The history of citizenship policy in Croatia since 1945 340 11.2 Acquisition and loss of Croatian citizenship: Current legal provisions 347 11.3 Current political debates and planned changes 352 11.4 Statistical developments 353 11.5 Conclusions