Recent publications on citizenship laws and policies
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
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.
‘Brexit’: Consequences for Citizenship of the Union and Residence Rights
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.
Beyond convergence: unveiling variations of external franchise in Latin America and the Caribbean from 1950 to 2015
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).
Can Withdrawing Citizenship Be Justified?
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.
Democratic Deficits in Europe: The Overlooked Exclusiveness of Nation-States and the Positive Role of the European Union
With the help of the Immigrant Inclusion Index (IMIX), a quantitative tool for measuring the electoral inclusion of immigrants, we demonstrate that European democracies are much more exclusive than they should be. All normative theories of democracy share the conviction that it is imperative that democracies include long-term immigrant residents into the demos – either by granting citizenship or by introducing alien voting rights. But even the 20 most established and stable democracies within the EU are far from fully realizing the ideal of ‘universal suffrage’. This is true independently of whether we count in- and excluded people in numerical terms, or whether we evaluate the relevant laws and regulations. Therefore, we diagnose a substantial democratic deficit on the level of European nation-states. By requiring its member states to enfranchise non-national EU citizens on the local level, the EU, for once, plays a positive role in reducing one of the most fundamental democratic deficits in times of migration.