Recent publications on citizenship laws and policies

 

Solving Statelessness

 

By Laura Van Waas and Melanie Khanna, Wolf Legal Publishers, 2016

Interest in statelessness has been steadily increasing since the late 1990s – within academia, among governments, at the UN and among civil society organisations. Research projects, mapping studies and doctrinal discussions have helped to clarify the challenges faced and our understanding of what is at stake. This has led to a fresh sense of purpose in addressing the issue and there is now a growing international movement engaged in finding solutions, spurred on by the UNHCR-led #IBelong Campaign to End Statelessness by 2024. Making meaningful progress towards this goal demands a new and more ambitious approach, one that moves beyond stocktaking to inspire solutions. As Volker Türk outlines in his introduction to this ground-breaking publication: “The global debates have moved beyond the need to explain the problem and its causes and consequences. The time has come to accelerate the momentum to implement durable solutions effectively.”

The essays which have been collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments and innovations set against the backdrop of the broader context of a global campaign to solve statelessness. With contributions from both scholars and practitioners, the book is likely to be of interest to anyone engaged in studying or implementing solutions for statelessness, including researchers, government policy-makers, staff of international or regional inter-governmental bodies and UN agencies, grass-roots and international civil society organisations, legal practitioners and advanced-level students.

Details at the publishers’ website.

 

Civis europaeus sum? Consequences with regard to Nationality Law and EU Citizenship status of the Independence of a Devolved Part of an EU Member State


By Guayasén Marrero González, Wolf Legal Publishers, 2016

Civis europaeus sum? Am I a citizen of the Union? This question, which is the cornerstone of this thesis, is also the question that people affected by an eventual State succession within an EU Member State need an answer to. The link between the nationality of an EU Member State and citizenship of the Union is, as it stands now, unbreakable. One cannot claim the enjoyment of the latter without holding the nationality of an EU Member State. Thus, those who, due to the operation of the State succession and the rules enacted in that context regarding nationality, lose the nationality of the predecessor-EU Member State cannot invoke “civis europaeus sum”. From the outset, individuals who lose the nationality of an EU Member State would lose EU citizenship and the rights attached to it. However, whilst EU citizenship is still not autonomous from Member State nationality, certain rights associated to the residence in both the potential newly independent States and the EU Member States can be frozen as an interim solution until such times as the former has completed the EU accession process.

Details at the publisher’s website.

 

‘Brexit’: Consequences for Citizenship of the Union and Residence Rights


By Guayasén Marrero González, Maastricht Journal of European and Comparative Law, November 2016

On 23 June 2016, the British people decided to leave the European Union (EU). Although the withdrawal process has not yet started, it is not surprising that some concerns have emerged in relation to the situation of British citizens residing outside the United Kingdom (but within the EU) who do not possess the nationality of another EU Member State, and citizens of the Union residing in the United Kingdom. From ‘the leave date’, British citizens will no longer possess the status of citizens of the Union, and will subsequently become third-country nationals for EU law purposes. Conversely, the United Kingdom will no longer be part of the EU territory and EU citizens can no longer exercise the rights and freedoms conferred to them within the EU. In this scenario, the right to reside in the EU for British citizens and in the United Kingdom for citizens of the Union could become legally uncertain. This contribution departs from the EU law perspective and takes a human rights approach to dealing with the issue of residence rights. It will be argued that residence rights, in an EU context, can be retained by operation of the provisions of the ECHR.

Access the article at the MJ website.

 

Beyond convergence: unveiling variations of external franchise in Latin America and the Caribbean from 1950 to 2015


By Pau Palop-García and Luicy Pedroza, JEMS, September 2016

A growing literature deals with the models that states have developed to reach out to their emigrant communities. The literature covers a wide range of initiatives, most notably electoral policies. In this line of research, we present a comparative view of the citizenship policies of Latin American and Caribbean states using a data set that includes information (yearly observations from 1950 to 2015) of the external franchise policies of 22 countries. First, this paper describes the scope of inclusion of non-resident citizens in terms of electoral rights. Second, we study the evolution over time of the external franchise policies of the countries under study. Despite cultural, historical and obvious geographic commonalities across countries, the analyses reveal that the convergence trend in the external franchise policies developed by Latin American and Caribbean countries is limited to a most general level. Below that level many variations in terms of specific electoral rights, types and venues of representation of emigrants are observable. These variations range from exclusion of non-resident citizens in terms of electoral rights, to full inclusion, when emigrants have active and passive electoral rights in all the national elections held in the states of origin (presidential and/or legislative).

Read full text at JEMS website.

 

Can Withdrawing Citizenship Be Justified?


By Christian Barry and Luara Ferracioli, Political Studies, December 2016

Denationalisation – withdrawing citizenship from a person – is a practice with a long historic pedigree that continues to affect the lives of many people today. Are there conditions under which denationalisation is morally justified? If so, what are they? And can legal and political norms that authorise states to engage in citizenship withdrawal be justified? This article provides answers to these questions.

Access on the journal’s website.