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Fighting Statelessness and Discriminatory Nationality Laws in Europe
In: European Journal of Migration and LawAbstract
The European Convention on Nationality opens with an articulation of the general principles upon which the instrument rests. These can be summarised as follows: (i) states are free to determine who are their nationals, within the limits set by international law; (ii) statelessness shall be avoided; and (iii) rules relating to nationality may not be discriminatory. Here, the second and third statements give content to the first. Thus, the most significant limits imposed by international law with regard to the regulation of nationality are standards relating to the avoidance of statelessness and to the principle of non-discrimination. This article explores the development of these two sets of standards in the European context through an analysis of the further provisions of the European Convention on Nationality as well as an investigation of emerging regional jurisprudence. In particular, the article considers the significance of the recent Rottmann (ECJ 2010) and Genovese (ECtHR 2011) rulings.
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2)
See above, note 1, p. 24; P. Weis (1979) Nationality and Statelessness under International Law, Dordrecht: Kluwer Academic Publishers Group, p. 66.
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4)
UN General Assembly (1948) Universal Declaration of Human Rights, Article 15.
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6)
Inter-American Court on Human Rights (2005) Yean and Bosico v. Dominican Republic, Series C, Case 130, paragraph 140.
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9)
The Council of Europe (1997) The European Convention on Nationality.
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10)
The Council of Europe (2006) The Convention on the Avoidance of Statelessness in relation to State Succession.
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12)
European Court of Human Rights (2011) Genovese v. Malta, Application No. 53124/09.
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19)
Council of Europe (1997) European Convention on Nationality – explanatory report, Strasbourg, paragraph 11.
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31)
See also L. van Waas (2008) Nationality Matters. Statelessness under International Law, Antwerp: Intersentia.
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44)
See also M. Autem (2000) ‘The European Convention on Nationality. Is a European Code on Nationality Possible?’, in: 1st European Conference on Nationality – Trends and Developments in National and International Law on Nationality, 18–19 October 1999, Strasbourg: Council of Europe, pp. 19–34, at pp. 23–24.
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45)
European Court of Human Rights, 13 July 2010, Kuric and others v. Slovenia, Application No. 26828/06.
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66)
J. Shaw (2011) ‘Setting the Scene: the Rottmann case introduced’, in J. Shaw (Ed.), Has the European Court of Justice challenged member state sovereignty in nationality law? EUI Working Papers, RSCAS 2011/62, European University Institute, Italy, p. 4. See also, in the same Working Papers, G. Davies, ‘The entirely conventional supremacy of Union citizenship and rights’, pp. 5–9; and G. De Groot & A. Seling, ‘The consequences of the Rottmann judgment on Member State autonomy – the Court’s avant-guardism in nationality matters’, pp. 27–31.
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67)
G. Davies (2011) ‘The entirely conventional supremacy of Union citizenship and rights’, in J. Shaw (Ed.), Has the European Court of Justice challenged member state sovereignty in nationality law? EUI Working Papers. RSCAS 2011/62, European University Institute, Italy, pp. 5–9.
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74)
See above, note 66, p. 4.
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76)
See, for instance, G. Gyulai (2010) ‘Statelessness in Hungary: The protection of stateless persons and the prevention and reduction of statelessness’, Budapest: Hungarian Helsinki Committee; B. Blitz and C. Sawyer (Eds) (2011) Statelessness in the European Union. Displaced, Undocumented, Unwanted, Cambridge: Cambridge University Press; United Nations High Commissioner for Refugees (2011) Mapping Statelessness in the Netherlands, Vienna: UNHCR; United Nations High Commissioner for Refugees/Asylum Aid (2011) Mapping Statelessness in the United Kingdom, Vienna: UNHCR.
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Fighting Statelessness and Discriminatory Nationality Laws in Europe
In: European Journal of Migration and LawAbstract
The European Convention on Nationality opens with an articulation of the general principles upon which the instrument rests. These can be summarised as follows: (i) states are free to determine who are their nationals, within the limits set by international law; (ii) statelessness shall be avoided; and (iii) rules relating to nationality may not be discriminatory. Here, the second and third statements give content to the first. Thus, the most significant limits imposed by international law with regard to the regulation of nationality are standards relating to the avoidance of statelessness and to the principle of non-discrimination. This article explores the development of these two sets of standards in the European context through an analysis of the further provisions of the European Convention on Nationality as well as an investigation of emerging regional jurisprudence. In particular, the article considers the significance of the recent Rottmann (ECJ 2010) and Genovese (ECtHR 2011) rulings.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 618 | 128 | 22 |
| Full Text Views | 281 | 26 | 4 |
| PDF Views & Downloads | 223 | 45 | 6 |