Acquisition and Loss of Nationality|Volume 1: Comparative Analyses

Acquisition and Loss of Nationality|Volume 1: Comparative Analyses: Policies and Trends in 15 European Countries

Rainer Bauböck
Eva Ersbøll
Kees Groenendijk
Harald Waldrauch
Copyright Date: 2006
Pages: 500
https://www.jstor.org/stable/j.ctt46mw34
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  • Book Info
    Acquisition and Loss of Nationality|Volume 1: Comparative Analyses
    Book Description:

    Nationality and citizenship have been subjects of stormy policy debates in many EU countries in recent years. Concerns over the integration of immigrants, but also attempts to forge links with emigrants, have led to changes in the laws regulating loss and acquisition of nationality and citizenship. This title outlines the research conducted by a team of 30 researchers into the nationality laws and their implementation in 15 EU member states. Acquisition and Loss of Nationality - Volume 1 presents the results of a systematic comparative analysis. It uses a novel methodology that permits a detailed comparison how nationality can be acquired or lost across all 15 countries. The results show divergent trends towards liberalization in some countries and new restrictions of access to nationality in others. The book examines the impact of international and European law, presents statistical data on naturalization and assesses administrative practices. Although the European Union has no formal competence in regulating nationality, the nationality laws of member states are linked to each other via the common citizenship of the Union. Member States should therefore agree on common norms for their nationality laws. The book contains detailed policy recommendations based on the idea that stakeholders in the political community should be given access to nationality. Studies of each country's nationality law are published separately in "http://www.aup.nl/do.php?a=show_visitor_book&isbn=9789053569214"> Volume 2. Additional material including detailed statistics and further comparative analyses of legal regulations of nationality is available at "http://www.imiscoe.org">www.imiscoe.org. Volume 1 & 2 are also available as a set, "http://www.aup.nl/do.php?a=show_visitor_book&isbn=9789053569498&l=2">click here for more information. This is the most comprehensive comparative study of the legal status of nationality so far and it will become an indispensable source of reference for further research. For more information see: "http://www.imiscoe.org/natac/">http://www.imiscoe.org/natac/ This title is available in the OAPEN Library - http://www.oapen.org.

    eISBN: 978-90-485-0445-9
    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. 11-14)
    Rainer Bauböck
  5. INTRODUCTION
    (pp. 15-34)
    Rainer Bauböck, Eva Ersbøll, Kees Groenendijk and Harald Waldrauch

    Nationality or citizenship has been called upon to be all things to all people: civil rights, political participation, social welfare, identity and recognition, the common good and the consciousness of community (Liebich 1995: 27). Formally, nationality is defined as the legal bond between a person and a state. It is a guiding principle of international law that it is for each state to determine under its own law who are its nationals. However, with the development of human rights since the Second World War, the trend has been towards recognition of the right to a nationality as a human right...

  6. 1 Nationality in public international law and european law
    (pp. 35-104)
    Kay Hailbronner

    Nationality in a historic perspective is a somewhat new phenomenon. Replacing the traditional system of overlord and subject (Cassuto 2001: 41; Hansen & Weil 2001: 34 ff.), nationality can no longer be determined as a personal relationship of allegiance, but rather as a legal status embracing a set of mutual rights and obligations towards a political entity fulfilling certain requirements necessary for the existence of a sovereign state. Sovereign powers, a defined territory and the existence of a nation are generally considered necessary conditions for the existence of a state in the sense of public international law, entrusted with the competence...

  7. 2 Methodology for comparing acquisition and loss of nationality
    (pp. 105-120)
    Harald Waldrauch

    There are numerous forms, ways, types and modalities ofacquisition of nationality: it can be acquired at birth or after birth, acquisition can be automatic (ex lege) or non-automatic (requiring an initiative on the part of the target person² and/or some public authority), and acquisition may become effective from the time all conditions are met, from the time the responsible authority makes a decision; it may even be acquired retrospectively (mostly from birth). If the acquisition is automatic, the main types are acquisition by descent, by birth (on the territory of the state), by legitimation, by marriage, by adoption, upon...

  8. 3 Acquisition of nationality
    (pp. 121-182)
    Harald Waldrauch

    In this abridged comparison of modes of acquisition of nationality, we can only focus on the central conditions and procedural aspects of the most important modes of acquisition. The long, detailed version of this comparison, which covers all modes of acquisition of nationality, can be found under www.imiscoe.org/natac. The main aims of this short version are to establish central patterns and trends with respect to procedures and material conditions for the most important modes of acquisition or types of modes (i.e. birthright-based, residence-based, family relation-based, affinity-based modes and other modes), to look at the differences with respect to the emphasis...

  9. 4 Loss of nationality
    (pp. 183-220)
    Harald Waldrauch

    Renunciation is the only mode of loss of nationality that exists in all EU15 states. Austria, Denmark, France, Germany, Greece, the Netherlands and Sweden even have two or more modes of renunciation for specific groups of persons or their general rules of renunciation contain clauses for these groups. Below, we will first analyse the rules of renunciation that apply in the most general circumstances in each state (section 4.1.1) and, in a second step, we look at rules applying to certain groups of persons or under special circumstances (section 4.1.2). Both general and special rules of renunciation have changed little...

  10. 5 Administrative practices in the acquisition of nationality
    (pp. 221-268)
    Isabelle Chopin

    Various laws regulate the modes of acquisition of nationality. This legal framework is also subject to implementation by the administration, which might obviously lead to differences in the application of the rules. In certain cases, there is some flexibility within administrations concerning how civil servants interpret the various regulations. The human factor, as well as the political climate in the country, plays a role in the practices relating to the acquisition of nationality. Increasingly, certain groups of applicants seem to be discriminated against or treated less favourably than other groups and this is clearly linked both to the international environment...

  11. 6 Statistics on acquisition and loss of nationality
    (pp. 269-316)
    Harald Waldrauch

    The main aims of NATAC were, firstly, to classifyallmodes of acquisition and loss of nationality in the EU15 states using a general typology, secondly, to compare the legal rules for all these modes and, thirdly, to combine the comparison of rules with a systematic analysis of the statistical importance of the different modes of acquisition and loss of nationality within each state and across all EU15 states. The central questions with respect to the last goal were: how many persons acquire and lose nationality via the various modes in each country? What is the relative statistical importance of...

  12. 7 European trends in nationality law
    (pp. 317-358)
    Betty de Hart and Ricky van Oers

    Nationality law still is considered to be an area of almost exclusive competence for the nation-states. Nevertheless, several trends of convergence in the different European nationality laws can be observed. These trends can partly be explained by the large scale immigration from outside the European Union.

    In the northern European states, the first phase of immigration started after the Second World War. In this first phase, immigration was limited and nationality law largely remained untouched (Hansen & Weil 2001: 1). Subsequently, these states had to cope with a considerable non-European population of permanent residents. That was the beginning of the second...

  13. 8 Rights of expatriates, multiple citizens and restricted citizenship for certain nationals
    (pp. 359-384)
    Harald Waldrauch

    Nationality is often viewed as a unitary status, which grants the same rights to and imposes the same duties on all persons holding that status. However, as we discuss in this chapter, some citizenship rights and duties are often restricted or temporarily suspended for certain groups of nationals. This is most obviously the case for nationals residing outside the state’s territory. Apart from the condition of residence, restrictions may also apply within the territory for certain categories of nationals.

    The groups examined in this context are:

    1 certain groups ofnationals with restricted citizenship, i.e.:

    a nationals whose rights are...

  14. 9 The legal integration of potential citizens: Denizens in the EU in the final years before the implementation of the 2003 Directive on long-term resident third country nationals
    (pp. 385-410)
    Kees Groenendijk

    Since the inception of the nation-state in Europe and even beforehand in the powerful European cities, the population of the city or the state was divided into citizens, i.e. full members of the political community, citizens without full citizenship rights and others, who had come from another city or state, i.e. foreigners or aliens. Cities and states had and still have their territorial and population borders, either visible or imagined. How should they deal with persons who crossed those borders and stayed for longer than a short trade visit or as a temporary refugee? Some migrants were valued as an...

  15. 10 The status of quasi-citizenship in EU member states: Why some states have ‘almost-citizens’
    (pp. 411-430)
    Kees Groenendijk

    The termdenizenwas introduced long ago to describe a status roughly halfway between a citizen and a non-citizen. Bauböck (1994) referred to the fact that the term had already been used by John Locke. The Swedish political scientist Thomas Hammar was the first to use this term to describe the status of the migrant workers who came to Western and Northern Europe in the 1960s and 1970s for temporary employment or in order to find protection, but who, ten or twenty years later, were still resident in their country of immigration (Hammar 1990). In most of those countries, these...

  16. 11 Evaluation and recommendations
    (pp. 431-478)
    Rainer Bauböck and Bernhard Perchinig

    In this book we have documented the diversity of legal regulations and policies concerning the acquisition and loss of nationality in the fifteen old Member States of the EU. We also asked whether any trends towards greater similarity are emerging from international and European law or from parallel domestic developments in the Member States. The final chapter evaluates the policies and practices analysed in this book and makes specific recommendations aimed at legislators, executives and EU institutions.

    The task we set ourselves does not include an overall evaluation of each country’s citizenship regime. We therefore do not provide a ranking...

  17. Appendix: glossary
    (pp. 479-488)
    Rainer Bauböck and Harald Waldrauch
  18. List of contributors
    (pp. 489-490)
  19. Bibliography
    (pp. 491-499)