Recent publications on citizenship laws and policies

 

Raising the mobility of third-country nationals in the EU. Effects from naturalisation and long-term resident status


By Friedrich Poeschel, OECD Publishing, June 2016

This paper is part of the joint project between the Directorate General for Migration and Home Affairs of the European Commission and the OECD’s Directorate for Employment, Labour and Social Affairs on "Review of Labour Migration Policy in Europe". This document has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union. Grant: HOME/2013/EIFX/CA/002 / 30-CE-0615920/00-38 (DI130895) A previous version of this paper (DELSA/ELSA/MI(2015)5) was presented and discussed at the OECD working party on migration in June 2015. The functioning of labour markets in the European Union can benefit if third-country nationals become more mobile between EU member states. Using micro data from the EU Labour Force Survey, this paper measures their mobility and investigates whether it is raised by naturalisation or long-term resident status. While third-country nationals are overall less mobile than EU citizens, tertiary-educated persons appear equally mobile in both groups. Raising the mobility of all third-country nationals to the level of EU citizens would add at least 25 000 mobile persons. Causal effects on mobility from long-term resident status and naturalisation are identified through a difference-in-difference approach. Results suggest that long-term resident status increases the mobility of third-country nationals by 2%-6%. To avoid selection bias in the results for naturalisation, this paper draws on a natural experiment: following the accession of Central and Eastern European countries to the EU, all their citizens indiscriminately obtained the rights of EU citizens. The evidence suggests that those who were already living in other EU countries became more mobile as a result. These findings highlight that intra-EU mobility of third-country nationals depends on their rights to reside and work in other EU countries.

Read at OECD website.

 

Transnational status and cosmopolitanism: are dual citizens and foreign residents cosmopolitan vanguards?


By Andrea Schlenker, Global Networks, June 2016

Empirically growing transnationalism and normatively demanded cosmopolitanism may be closely connected when considered as different elements of new forms of citizenship beyond the single nation-state. Do individuals with either full (dual citizenship) or partial (foreign resident) transnational status exhibit more cosmopolitanism than mono citizens? This article decodes the multidimensional character of cosmopolitanism using major democratic theories – liberalism, republicanism, and communitarianism. Multivariate regression analyses of data from a survey among mono citizens, dual citizens and foreign residents in Switzerland reveal that a transnational status is associated with cosmopolitanism in a differentiated way. Dual citizens and especially foreign residents are more likely than mono citizens to exhibit liberal cosmopolitanism; but only dual citizens having full political rights and opportunities in two countries are more likely to exhibit republican cosmopolitanism and only foreign residents excluded from the political community of residence are more likely to exhibit communitarian cosmopolitanism. Each of them can thus be considered as vanguards in specific ways. Our study furthermore demonstrates the added value of disaggregating both cosmopolitanism and transnationalism.

Read at the publisher’s website.

 

The extra-territorial paradox of voting: the duty to vote in extra-territorial elections


By Eleanor Knott, Democratization, June 2016

The question of why individuals vote, the so-called “paradox of voting”, has been a crucial debate within political science, conceived deductively as an interaction between costs, benefits, and, as some argue, duties. This article situates the question of why individuals vote within the context of extra-territorial elections, focusing on how and why those who acquire citizenship kin-states participate in kin-state elections following citizenship acquisition, while continuing to reside outside of the kin-state. The article uses the case of newly acquired Romanian citizens in Moldova, who have never resided in nor intend to reside in Romania, to unpack whether, how, and why individuals acquiring Romanian citizenship in Moldova vote in Romanian elections. The article uses an interpretive and inductive approach to explore from the bottom up both the experiences of and motivations for political participation of extra-territorial citizens. The article finds, unexpectedly, how those acquiring Romanian citizenship in Moldova are motivated by a duty to participate. Overall, the article argues for a relational and reciprocal understanding of citizenship and voting, which focuses on the relationship between the kin-state, facilitating citizenship as a right, and the kin-citizen, performing their duty to vote.

Read at the journal’s website.

 

EU Citizenship and Withdrawals from the Union. How Inevitable is the Radical Downgrading of Rights?


By Dimitry Kochenov, LEQS Paper No. 111 , June 2016

What are the likely consequences of Brexit for the status and rights of British citizenship? Can the fact that every British national is an EU citizen mitigate the possible negative consequences of the UK’s withdrawal from the EU on the plane of rights enjoyed by the citizens of the UK? These questions are not purely hypothetical, as the referendum on June 23 can potentially mark one of the most radical losses in the value of a particular nationality in recent history. This paper reviews the possible impact that the law and practice of EU citizenship can have on the conduct of Brexit negotiations and surveys the possible strategies the UK government could adopt in extending at least some EU-level rights to UK citizens post-Brexit. The high cost of such rights at the negotiating table is discussed against the general backdrop of the legal-historical analysis of the tradition of flexibility in citizenship and territorial governance which clearly emerges in EU law once the post-colonial context is considered in full. A particular emphasis is put on the possibility of negotiating post-Brexit bilateral free-movement arrangements with select Member States: a deeply problematic practice from the point of view of non-discrimination and the basic idea of European unity. Aiming to address the core issues of the role of EU citizenship in the context of withdrawals from the Union the conclusions of the paper, pointing to a quasi-inevitable overwhelming downgrade in citizenship rights for the withdrawing state, are applicable to any withdrawal context, not limited to the UK per se.

Access through SSRN.

 

Nationality Requirements in in Olympic Sports


By Anna Sabrina Wollmann, Wolf Publishers, June 2016

Who may compete for a country at the Olympics? While the qualification rounds for the Rio Olympics have received huge media attention, the underlying question regarding which country an athlete may compete for only makes headlines when prominent athletes change the country for whom they are competing. Nationality requirements are an issue that has yet to be brought to the forefront of public discussion, as most recent works have only focussed on a small number of Olympic sports.

This book explores the terra incognita of nationality requirements in Olympic sports, providing not only a comprehensive overview of the different sports, but also placing them in the wider context of the international standards of nationality law. The following questions are examined: What are the eligibility criteria currently employed by the Olympic Sports? To what extent is it problematic to align these currently applicable eligibility criteria with international standards of nationality law? How can tensions that may exist between the criteria applied by the sporting federations and the international standards of nationality law be solved?

See flyer.