Acquisition and Loss of Nationality, Volume 1: Comparative by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald PDF

By Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch

ISBN-10: 1429454180

ISBN-13: 9781429454186

ISBN-10: 9053569200

ISBN-13: 9789053569207

Acquisition and lack of Nationality brings jointly a workforce of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the ecu Union. quantity One provides precise comparisons of the citizenship legislation of all fifteen international locations, whereas quantity comprises person experiences of every country's legislation. jointly, the books are the main complete to be had source at the query of ecu nationality.

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Additional resources for Acquisition and Loss of Nationality, Volume 1: Comparative Analyses

Example text

2 Taking Union citizenship into account The fact that Union citizenship is derived from Member State nationality and cannot be directly accessed intensifies the responsibility of Member States to take the European effects of their nationality laws into account. The lack of coordination between Member States in this matter creates three types of problem for the Union: first, the problem of fairness if conditions for access to the rights of Union citizens are very unequal among the Member States; secondly, the problem of the adverse impact of actions by one Member State on all others; and, thirdly, the negative consequences of geographic mobility within the Union for acquisition and loss of nationality.

Our recommendation for tolerating dual nationality among migrants who are stakeholders in two countries applies to immigrants as well as to emigrants. Several states in our sample also make specific provisions for the reacquisition of nationality by emigrants who have lost it under prior legislation, especially through marriage or because of a former renunciation requirement. We generally support these provisions but criticise the fact that some countries allow reacquisition only if the nationality was acquired by birth rather than through naturalisation.

The requirement of a reasonable time is to be determined in the light of all the relevant circumstances. The Explanatory Report notes as an example the case of state succession, where nationals of the predecessor state have not acquired the nationality of the state in which they reside. In this case, the successor state should process their applications very rapidly due to the urgency of the matter. Decisions relating to nationality according to art. 11 must contain reasons in writing. As a minimum, legal and factual reasons need to be given.

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Acquisition and Loss of Nationality, Volume 1: Comparative Analyses by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch


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