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Towards a European Nationality Law
Towards a European nationality law Citation for published version (APA): de Groot, G-R. (2004). Towards a European nationality law. Electronic Journal of Comparative Law, 8(3), 1-37. https://www.ejcl.org/83/art83-4.html Document status and date: Published: 01/01/2004 Document Version: Publisher's PDF, also known as Version of record Document license: Unspecified Please check the document version of this publication: • A submitted manuscript is the version of the article upon submission and before peer-review. There can be important differences between the submitted version and the official published version of record. People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. -
BREXIT, NATIONALITY and UNION CITIZENSHIP: BOTTOM up Hans Ulrich Jessurun D’Oliveira (University of Amsterdam, European University Institute (Florence))
History & Archaeology Section Workshop “Mobility: a bridge between the past and the present.” Wroclaw, 3-4 September 2018 BREXIT, NATIONALITY AND UNION CITIZENSHIP: BOTTOM UP Hans Ulrich Jessurun d’Oliveira (University of Amsterdam, European University Institute (Florence)) Introduction ‘Our friendly experienced legal team will assist you in obtaining Polish citizenship and secure the [sic] continued EU citizenship after Brexit.’ With this enticing ad on the internet a Polish lawyer’s office, having previously assisted the proverbial Polish plumbers in the UK in asserting their rights as Union citizens1, is seeking a new category of clients in that country. In the Brexit referendum of 23 June 2016, 51.9% of those voting, with a turnout of 72.2% of eligible voters, voted that the UK should leave the EU. This rather unexpected result brought about feverish activities at all levels on a host of topics. The offer for help by Polish lawyers is an example in the area of nationality law. In this essay I will confine myself to developments in that domain. At the outset I have to warn that we find ourselves in the midst of uncontrolled dynamics and we are not sure at all where the powers that are unleashed by this break-away will take us. Governments – among which an instable UK government, regional authorities, the EU with its institutions and negotiators, private parties and lobbies for divergent interests – all tug in different or even opposite directions. It may even come to a new referendum or new elections provoking the revocation of Brexit. For the time being this results in code orange uncertainty. -
AGREEMENT Between the European Union and the Federated States of Micronesia on the Short-Stay Visa Waiver
L 289/4 EN Official Journal of the European Union 25.10.2016 AGREEMENT between the European Union and the Federated States of Micronesia on the short-stay visa waiver THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and THE FEDERATED STATES OF MICRONESIA, hereinafter referred to as ‘Micronesia’, hereinafter referred to jointly as the ‘Contracting Parties’, WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens, HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Micronesia, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States, BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union, DESIRING to safeguard the principle of equal treatment of all EU citizens, TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore -
The Effect of Birthright Citizenship on Parental Integration Outcomes
The Effect of Birthright Citizenship on Parental Integration Outcomes∗ Ciro Avitabile,† Irma Clots-Figueras,‡ Paolo Masella§ Preliminary Please do not circulate without permission September 2009 Abstract The large increase in migration flows and recent ethnic riots in several coun- tries have stimulated a lively debate on how to regulate the social status of newcomers and their descendants and promote their integration with the local community. Citizenship laws vary over time and across countries. However, there is no evidence on the effect of such laws on the level of integration of non natives and their children. We consider the 1999 reform of the German na- tionality law, which introduced elements of the birthright system, and present evidence that changes in the rules that regulate child legal status increased the level of parental integration with the German society, as measured by the prob- ability of reading German newspapers and speaking German and the propensity to have contacts with German citizens. ∗The authors thank Christian Dustmann, Tullio Jappelli and Andrea Prat, seminar participants at the London School of Economics, Universidad Carlos III de Madrid, University of Naples and the University of Mannheim, participants at the EEA meeting 2009 and participants at the EALE meeting 2009. †CSEF, University of Naples ‡Universidad Carlos III de Madrid §European University Institute 1 1 Introduction In the last decades Western societies have experienced a large increase in migration inflows. The immigrant population in the OECD countries has more than tripled since the 1960s. Recent ethnic riots (various occasions of social unrest occurred in towns in the north of England in 2001 and in the Parisian suburbs in 2005 and 2006) have stimulated a lively discussion on how governments can deal with the raising level of diversity and which are the best frameworks to regulate the social status of newcomers and their descendants and promote their integration with the local community. -
EUDO Citizenship Observatory
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cadmus, EUI Research Repository EUDO CITIZENSHIP OBSERVATORY REPORT ON CITIZENSHIP LAW: SURINAME Hamied Ahmadali Ngo Chun Luk September 2015 CITIZENSHIP European University Institute, Florence Robert Schuman Centre for Advanced Studies EUDO Citizenship Observatory Report on Citizenship Law: Suriname Hamied Ahmadali and Ngo Chun Luk September 2015 EUDO Citizenship Observatory Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Country Report, RSCAS/EUDO-CIT-CR 2015/17 Badia Fiesolana, San Domenico di Fiesole (FI), Italy © 2015 Hamied Ahmadali and Ngo Chun Luk This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. Requests should be addressed to [email protected] The views expressed in this publication cannot in any circumstances be regarded as the official position of the European Union Published in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy www.eui.eu/RSCAS/Publications/ www.eui.eu cadmus.eui.eu Research for the EUDO Citizenship Observatory Country Reports has been jointly supported by the European Commission grant agreement JLS/2007/IP/CA/009 EUCITAC and by the British Academy Research Project CITMODES (both projects co-directed by the EUI and the University of Edinburgh). The financial support from these projects is gratefully acknowledged. For information about the Project please visit the project website at http://eudo-citizenship.eu Citizenship Law Suriname 1 Hamied Ahmadali and Ngo Chun Luk 1. -
FACULTY of LAW 17 July 2019 Committee Secretary Parliamentary
Review of the Australian Citizenship renunciation by conduct and cessation provisions Submission 10 FACULTY OF LAW GEORGE WILLIAMS AO DEAN ANTHONY MASON PROFESSOR SCIENTIA PROFESSOR 17 July 2019 Committee Secretary Parliamentary Joint Committee on Intelligence and Security Dear Secretary Review of the Australian Citizenship renunciation by conduct and cessation provisions ThanK you for the opportunity to maKe a submission to this inquiry. We do so in a private capacity. We have previously made submissions to this Committee’s inquiry into the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 and the Australian Citizenship Amendment (Strengthening the Citizenship Loss Provisions) Bill 2018. We have also conducted several years of research on citizenship deprivation as a national security tool in Australia, the United Kingdom and Canada. Our worK on this subject can be found in the following publications, which we have attached to this submission: • Sangeetha Pillai and George Williams, ‘The Utility of Citizenship Stripping Laws in the UK, Canada and Australia’ (2017) 41(2) University of Melbourne Law Review 845; and • Sangeetha Pillai and George Williams, 'Twenty-First Century Banishment: Citizenship Stripping in Common Law Nations' (2017) 66(3) International & Comparative Law Quarterly 521. Our submission draws on this research, and reiterates arguments made in our earlier submissions to the Committee. We maKe the following recommendations: 1. The need to retain citizenship stripping laws should be reviewed, given their apparent lacK of utility and the risKs they produce. Specifically, we recommend that unless the benefit of ss 33AA, 35 and 35A can be clearly and precisely articulated, these provisions should be repealed. -
Citizenship in a Global Era October 8, 2013 Rome, Italy
Citizenship in a Global Era October 8, 2013 Rome, Italy Sponsored by: Federal Bar Association, Immigration Law Section, Rock Center for Corporate Governance at Stanford Law School, Loyola University School of Law and John Felice Rome Center Program 8:30-8:45 Registration 8:45-9:00 Welcome and Introduction Margaret H. McCormick – Minsky, McCormick & Hallagan, P.C., FBA, Loyola Law School, Chicago, IL Barry Frager – Frager Sutton Haupt Law Firm, CLE Chair FBA Immigration Law Section 9:00-10:30 Citizens, Multinational Companies and Technology With the growth of elite “citizens of the world” arguably answering to no single state, our speakers will discuss the current dynamic of “perpetual ex-pats” and the allegiance responsibilities of citizens and their multi-national corporate employers in this increasingly relevant context. In the process, the panel will also review how technology has already done much to skew the meaning of physical presence and will explore the impact of the emergence of a “work from any country” workforce of the future. F. Daniel Siciliano – Rock Center for Corporate Governance, Stanford Law School, Stanford, CA Kristin Major – VP and Deputy General Counsel, Global Functions at HP, Palo Alto, CA Jane Carroll – Associate General Counsel of ThoughtWorks, Inc., Chicago, IL 10:30-11:30 Citizenship Considerations with International Adoptions and Surrogacy The Hague Adoption Convention, an international agreement to safeguard inter-country adoptions, prohibits abduction, sale of, or trafficking in children. This panel will discuss the convention and how international adoptions and surrogacy relationships are impacted by citizenship and nationality policies and cultural identity concerns. -
Nationality Law in Germany and the United States
Program for the Study of Germany and Europe Working Paper Series No. 00.5 The Legal Construction of Membership: Nationality ∗ Law in Germany and the United States by Mathias Bös Institute of Sociology University of Heidelberg D-69117 Heidelberg Abstract The argument of this paper is that several empirical puzzles in the citizenship literature are rooted in the failure to distinguish between the mainly legal concept of nationality and the broader, poli- tical concept of citizenship. Using this distinction, the paper analysis the evolution of German and American nationality laws over the last 200 years. The historical development of both legal structures shows strong communalities. With the emergence of the modern system of nation states, the attribution of nationality to newborn children is ascribed either via the principle of descent or place of birth. With regard to the naturalization of adults, there is an increasing ethni- zation of law, which means that the increasing complexities of naturalization criteria are more and more structured along ethnic ideas. Although every nation building process shows some elements of ethnic self-description, it is difficult to use the legal principles of ius sanguinis and ius soli as indicators of ethnic or non-ethnic modes of community building. ∗ For many suggestions and comments I thank the members of the German Study Group at the Minda de Gunzburg Center for European Studies, Harvard University, especially Cecilia Chessa, Stephen Hanson, Stephen Kalberg, Al- exander Schmidt-Gernig, Oliver Schmidkte, and Hans Joachim Schubert. For many helpful hints and remarks on the final draft of the paper I thank Lance Roberts and Barry Ferguson. -
The German Nationality Regime and the Rights of Foreigners in Germany
ANALYSIS OCTOBER 2016 NO: 22 THE GERMAN NATIONALITY REGIME AND THE RIGHTS OF FOREIGNERS IN GERMANY SONER TAUSCHER ANALYSIS OCTOBER 2016 NO: 22 THE GERMAN NATIONALITY REGIME AND THE RIGHTS OF FOREIGNERS IN GERMANY SONER TAUSCHER COPYRIGHT © 2016 by SETA All rights reserved. No part of this publication may be reprinted or reproduced or utilized in any form or by any electronic, mechanical or other means, without permission in writing from the publishers. Layout : Hasan Suat Olgun Printed in Turkey, İstanbul by Turkuvaz Haberleşme ve Yayıncılık A.Ş. SETA | FOUNDATION FOR POLITICAL, ECONOMIC AND SOCIAL RESEARCH Nenehatun Caddesi No: 66 GOP Çankaya 06700 Ankara TÜRKİYE Phone:+90 312.551 21 00 | Fax :+90 312.551 21 90 www.setav.org | [email protected] | @setavakfi SETA | İstanbul Defterdar Mh. Savaklar Cd. Ayvansaray Kavşağı No: 41-43 Eyüp İstanbul TÜRKİYE Phone: +90 212 315 11 00 | Fax: +90 212 315 11 11 SETA | Washington D.C. 1025 Connecticut Avenue, N.W., Suite 1106 Washington, D.C., 20036 USA Phone: 202-223-9885 | Fax: 202-223-6099 www.setadc.org | [email protected] | @setadc SETA | Cairo 21 Fahmi Street Bab al Luq Abdeen Flat No 19 Cairo EGYPT Phone: 00202 279 56866 | 00202 279 56985 | @setakahire THE GERMAN NATIONALITY REGIME AND THE RIGHTS OF FOREIGNERS IN GERMANY CONTENTS ABSTRACT 7 INTRODUCTION 9 NATIONALITY REGIME IN GERMANY 10 THE STATUS OF FOREIGNERS AND THE ACQUISITION OF CITIZENSHIP 12 THE RELATIONSHIP OF CITIZENSHIP AND EQUALITY 19 CONCLUSION 23 BIBLIOGRAPHY 25 setav.org 5 ANALYSIS ABOUT THE AUTHOR Soner TAUSCHER After graduating from high school in Izmir, Turkey in 2000, Tauscher moved to Munich, Germany for his undergraduate studies. -
Nation and Citizenship from the Late 19Th Century Onwards: a Comparative European Perspective
Policy Department C Citizens' Rights and Constitutional Affairs Nation and Citizenship from the Late 19th Century Onwards: a Comparative European Perspective CONSTITUTIONAL AFFAIRS PE 408.302 JANUARY 2004 EN Directorate-General Internal Policies Policy Department C Citizens' Rights and Constitutional Affairs Nation and Citizenship from the Late Nineteenth Century Onwards: A Comparative European Perspective Dieter Gosewinkel Abstract: This note was presented by the authors for a workshop organised by the Committee on Constitutional Affairs on 26/27 March 2008. Citizenship has been an element of the legal systems of all European states since the second half of the nineteenth century. In some of them it has existed for many centuries. As a legal institution, it thus originates with the modern state and has links with conceptions of the nation and with nationality. This paper focuses on the relationship between citizenship (which defines inclusion and exclusion) and the concept of the nation in recent European history. PE 408.302 EN ii This note was requested by the European Parliament's Committee on Constitutional Affairs and is published in the following languages: EN. Author: Dieter Gosewinkel, Wissenschaftszentrum Berlin für Sozialforschung Responsible administrator: Wilhelm Lehmann Manuscript completed in April 2008 Copies can be obtained through: Tel: +32 2 28-32457 Fax: +32 2 28-32365 E-mail: [email protected] Informations on DG Ipol publications: http://www.ipolnet.ep.parl.union.eu/ipolnet/cms © Brussels, European Parliament The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. -
Downloaded from Brill.Com10/01/2021 07:08:18PM Via Free Access 442 Van Der Mei
chapter 17 Member State Nationality, EU Citizenship and Associate European Citizenship A.P. van der Mei* Introduction According to Article 20 tfeu, “[E] very person holding the nationality of a Member State shall be a citizen of the Union”.1 The wording of the provision thus suggests a notably simple relationship between EU citizenship and Mem- ber State nationality: to be an EU citizen one must be a Member State national. Third country nationals cannot acquire EU citizenship. Loss of nationality im- plies automatic loss of this privileged status. When a Member State withdraws from the EU its nationals become third country nationals.2 From the case law of the Court of Justice of the European Union (cjeu), however, it follows that the relationship between EU and national citizenship is not as clear and straightforward as the Treaty text suggests. To be sure, the cjeu has never recognised, and not even suggested, any exceptions to the rule that EU citizenship is reserved for Member State nationals. Rather, in the well- known Rottmann ruling,3 it confirmed the exclusive link between EU citizen- ship and national citizenship. What the cjeu did say in this ruling – and this is what complicates the relationship between the two citizenships – is that Member States must, before taking a decision withdrawing “their” nationali- ty, consider the consequences of such a decision for the person concerned as regards the loss of the rights he/she enjoys as an EU citizen. Loss of EU citizen- ship or the rights attached to it may preclude the lawful application of national rules on deprivation of national citizenship. -
Trends in Consular Affairs
2018 edition Trends in Consular Affairs for the Netherlands and Dutch nationals worldwide sSarajevoAnkaraStPetersburgShanghaiBagdadJakartaKoealaLoempoerTunisOsloBratislavaMontrealDhakaKigaliTelAvivIstanboelHongKongChicagoIslamabadKingstonDamascusTun ofiaLagosKobeDublinQuitoLondenPretoriaAlmatyKarachiAnkaraTokioHavannaBonnBerlijnBuenosAiresLagosShanghaiKopenhagenBagdadHongKongAlmatyMuscatAbuDhabiWenenSa adLuandaKievLusakaDarEsSalaamMelbourneZagrebParijsHoustonWindhoekParamariboBamakoBonnCotonouOttawaJakartaMuscatColomboManillaOsloNairobiDubaiSaoPauloPretoriaMa urneMexicoColomboCanberraAbuDhabiMelbourneWenenDarEsSalaamBrasiliaKoeweitParijsJakartaIstanboelTeheranKhartoemAbujaParijsStockholmTorontoNewDelhiQuitoSeoelB nberraBogotáParijsLaPazWenenAccraVaticaanstadPortOfSpainHoustonPretoriaLaPazIstanboelBoedapestHamburgVancouverDhakaDubaiBangkokAnkaraAlgiersKhartoemDubaiKobeBru burgLagosColomboMexicoBratislavaLusakaBangkokSarajevoDamascusHoustonBonnAnkaraBrusselDarEsSalaamKobeSofiaKoealaLoempoerWellingtonAlgiersAnkaraAbujaChicagoMus SpainBoekarestLuxemburgDakarHoustonAlmatyDubaiRomeBamakoBelgradoHamburgRomeDarEsSalaamSofiaDubaiColomboRabatAtheneDublinSydneyKobeBogotáPraagOuagadougou esStockholmAmsterdamAbebaTripoliLaPazKairoManaguaBagdadLosAngelesKievAnkaraColomboWarschauRomeBernKingstonLissabonBoedapestBoedapestNewYorkMaputoColomboNewY etoriaAnkaraBomaySofiaTorontoRomeZagrebWashingtonAmmanAtheneLaPazMoskouAlgiersAbidjanParamariboMaputoManillaKinshasaBarcelonaCaracasManaguaBarcelonaLusakaAntw ramariboAnkaraSaoPauloPretoriaBangkokMilaanBamakoHoustonHarareBrasiliaKairoSarajevoBratislavaWindhoekZagrebBrusselRiyadMoskouAlmatyMaputoKarachiVancouverSantiagoDeChi