Citizenship Policies in the New Europe

Citizenship Policies in the New Europe

Rainer Bauböck
Bernhard Perchinig
Wiebke Sievers
Copyright Date: 2007
Pages: 314
https://www.jstor.org/stable/j.ctt45kf02
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  • Book Info
    Citizenship Policies in the New Europe
    Book Description:

    In May 2004 ten new Member States joined the European Union. This enlargement has greatly increased the diversity of historic experiences and contemporary conceptions of statehood, nation-building and citizenship within the Union. In contrast with the old Member States, many of the new ones have not existed as independent states within their present borders for more than two generations. Citizenship Policies in the New Europe describes the citizenship laws in each of the ten new countries and analyses their historical background. Turkey has been added as the largest source country of immigration into the fifteen old Member States because it illustrates the increasing interaction between citizenship laws in migrant sending and receiving countries. Citizenship Policies in the New Europe complements two volumes on Acquisition and Loss of Nationality published earlier in the same series and that present comparative analyses of citizenship regulations in the fifteen old Member States. Citizenship Policies in the New Europe is part of the IMISCOE Research series. Two other publications on the same subject, "http://www.aup.nl/do.php?a=show_visitor_book&isbn=9789053569498">Acquisition and Loss of Nationality, were released earlier this year. Authors: Andrea Baršová, Eugene Buttigieg, Agata Górny, Priit Järve, Zeynep Kadirbeyoglu, Mária Kovács, Kristine Kruma, Andre Liebich, Dagmar Kusá, Felicita Medved, Judit Tóth, Nikos Trimikliniotis This title is available in the OAPEN Library - http://www.oapen.org.

    eISBN: 978-90-485-0158-8
    Subjects: Sociology

Table of Contents

  1. Front Matter
    (pp. 1-4)
  2. Table of Contents
    (pp. 5-8)
  3. Tables
    (pp. 9-10)
  4. Preface
    (pp. 11-16)
    Rainer Bauböck, Bernhard Perchinig and Wiebke Sievers
  5. Introduction: Altneuländer or the vicissitudes of citizenship in the new EU states
    (pp. 17-40)
    Andre Liebich

    Altneulandis the title of a novel written over a century ago by the Zionist leader Theodor Herzl. The old-new land Herzl had in mind was Palestine but the term seems to me to be apposite for the lands with which this paper is concerned, the former communist states that have recently joined the European Union. As I shall try to argue, from the point of view of our concern here, namely, the issue of citizenship, these countries display a peculiar blend of antiquity and novelty which may justify a certain claim to distinctiveness.

    In this paper, I therefore propose...

  6. Part I: Restored states
    • Chapter 1: Estonian citizenship: Between ethnic preferences and democratic obligations
      (pp. 43-62)
      Priit Järve

      The most important reform in the nationality policy of Estonia after 1945 was the restoration of the pre-1940 nationality in 1992 by reintroducing the 1938 Citizenship Act with slight changes. In 1995, Estonia adopted a new Citizenship Act which did not change the basic principles of the acquisition and loss of Estonian nationality but established more demanding requirements for the acquisition of nationality by naturalisation.

      The Republic of Estonia was established in 1918. In 1940, it was annexed to the Soviet Union as the Estonian Soviet Socialist Republic under threat of military force. As a result, the citizens of the...

    • Chapter 2: Checks and balances in Latvian nationality policies: National agendas and international frameworks
      (pp. 63-88)
      Kristīne Krūma

      Upon restoration of independence Latvia strictly followed the principle of state continuity. This has also been reflected in nationality policies which followed theex iniuria ius non oriturprinciple. However, Latvia had to take the framework of international law that existed when independence was restored into account and to deal with a large number of Soviet-era settlers. This led to the creation of a specific category of persons in international law, namely so-called non-citizens, which has become the main issue of international debates on Latvian nationality policies.

      An important step in the process of consolidating the new statehood proclaimed on...

    • Chapter 3: Lithuanian nationality: Trump card to independence and its current challenges
      (pp. 89-110)
      Kristīne Krūma

      There are slight differences between the Latvian and Lithuanian approaches as far as the transition from the Soviet to democratic institutions is concerned. Lithuania could be said to have used the Soviet legal and institutional basis for the adoption of the decisions necessary at the time more than Latvia did. However, it will be argued that these differences do not challenge the underlying principle ofex iniuria ius non oriturfollowed also by Latvia and Estonia.

      In comparison to other Baltic States Lithuania escaped close international scrutiny of its nationality policies. Therefore nationality has, until recently, not created any controversies....

  7. Part II: States with histories of shifting borders
    • Chapter 4: Same letter, new spirit: Nationality regulations and their implementation in Poland
      (pp. 113-134)
      Agata Górny

      During the last century, the rewriting and reconstructing of the pertinent laws relating to Polish nationality were shaped, first of all, by transformations in the Polish state’s political construction. Namely, the Second Republic of Poland (1918-1939), the Polish People’s Republic (1945-1989) and the Third Republic of Poland (from 1989 onward) have represented different political systems and approaches towards the concept of Polish citizenship.

      Arguably, the development of the legal notion of Polish citizenship has always been strongly embedded in the historical context of the country, as belonging to the Polish nation has not always been synonymous with membership within the...

    • Chapter 5: Kin-state responsibility and ethnic citizenship: The Hungarian case
      (pp. 135-160)
      Mária M. Kovács and Judit Tóth

      The preference for the naturalisation of ethnic Hungarians has been considered a counterbalance to the troubled history of a nation artificially split among various states and as a tool for preserving cultural identity in the twentieth century. The principle of ethnicity has been observed directly in nationality legislation and migration law through regulations for visa, residence and employment permits, and asylum status (Tóth 1995). Due to the ideology of a ‘threatened Hungarian ethnic identity’ the relationship between the social and economic integration of migrants, migration law, naturalisation and citizenship has never been publicly discussed (Fullerton, Sik & Tóth 1997). Hungarian authorities...

  8. Part III: Post-partition states
    • Chapter 6: Czech citizenship legislation between past and future
      (pp. 163-184)
      Andrea Baršová

      The main contours of the Czech (formerly Czechoslovak) citizenship laws were shaped by momentous historic events. Administrators, judges and lawyers smoothed over rough outlines made by political forces, adding to them exceptions, interpretations and remedies. Consequently, Czech citizenship legislation has always been complex.¹ This paper follows the main trends of its development and gives a brief account of Czech citizenship legislation and the politics and policies linked with it since 1918. It focuses on responses to unprecedented social changes and challenges in the last sixteen years, which may be stimulating for the current debates on citizenship policies in the European...

    • Chapter 7: The Slovak question and the Slovak answer: Citizenship during the quest for national self-determination and after
      (pp. 185-212)
      Dagmar Kusá

      Citizenship is both a status and a praxis. As a status, it is defined by a collection of laws and regulations. In Slovakia, these have been shaped by both principles of ius soli and ius sanguinis, the latter gaining importance especially after the First and the Second World War. The praxis involves the civic and political participation by citizens as well as the policies of governments concerning the implementation of the law in relation to its citizens as well as to non-citizens. The latter depend strongly on the political situation of the times. The first two turbulent decades of the...

    • Chapter 8: From civic to ethnic community? The evolution of Slovenian citizenship
      (pp. 213-242)
      Felicita Medved

      This chapter focuses ondržavljanstvoof the Republic of Slovenia, i.e. on citizenship or nationality as a legal bond between a person and a sovereign state. After tracing the history of citizenship in the territory of present day Slovenia, it gives a brief description of the evolution of the Slovenian citizenship legislation, both in terms of the initial determination of its citizenry at the inception of the state in June 1991 and the rules governing the acquisition and loss of citizenship. In fifteen years of statehood the legal regime on citizenship has undergone several changes. The Constitutional Law on citizenship...

  9. Part IV: Mediterranean post-imperial states
    • Chapter 9: Malta’s citizenship law: Evolution and current regime
      (pp. 245-262)
      Eugene Buttigieg

      Malta’s legal regime on citizenship is relatively young as it came into being on the day of Malta’s acquisition of independence from British rule forty-two years ago. Yet throughout these years, particularly over the past two decades, it has undergone extensive alterations marking changes in the governing principles. This chapter first traces the evolution of the citizenship laws during these years, noting the important policy changes, their possible causes and implications. It then explores the different modes of acquisition and loss of citizenship under the current regime. Finally, statistical data is produced to highlight the extent to which persons seeking...

    • Chapter 10: Nationality and citizenship in Cyprus since 1945: Communal citizenship, gendered nationality and the adventures of a post-colonial subject in a divided country
      (pp. 263-292)
      Nicos Trimikliniotis

      Mapping out the complex historical, structural, politico-legal and cultural setting that has generated a specific mode of nationality in the context of Cyprus is no easy task. In fact, we cannot speak of anationality policy as such; such a policy has never been formally declared or publicly discussed, save for times in which the media hysterically criticised the granting of nationality.¹ It is however possible to deduce a policy from the practices of the last 45 years (Trimikliniotis 2005).

      In an area of 9,251 km2, the total population of Cyprus is around 754,800, of whom 666,800 are Greek-Cypriots (living...

    • Chapter 11: Changing conceptions of citizenship in Turkey
      (pp. 293-312)
      Zeynep Kadirbeyoglu

      International migration and globalisation are factors which affect citizenship practices throughout the world. Increasing tolerance of multiple citizenship is, amongst other things, one of the results of these trends. This paper analyses the Citizenship Law in Turkey and argues that the most important changes in the law were made to accommodate the needs and wishes of the emigrants who – even up to the third generation – maintain vibrant ties with their home countries. The paper starts with the history of citizenship in Turkey. The following section outlines the amendments to the current law that regulates the acquisition and loss...

  10. List of contributors
    (pp. 313-314)