Citizenship Policies in the New Europe

Citizenship Policies in the New Europe: Expanded and Updated Edition

Rainer Bauböck
Bernhard Perchinig
Wiebke Sievers
Copyright Date: 2009
Pages: 464
https://www.jstor.org/stable/j.ctt46mwbh
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  • Book Info
    Citizenship Policies in the New Europe
    Book Description:

    The two most recent EU enlargements in May 2004 and in January 2007 have greatly increased the diversity of historic experiences and contemporary conceptions of statehood, nation-building and citizenship within the Union. How did newly formed states determine who would become their citizens? How do countries relate to their large emigrant communities, to ethnic kin minorities in neighbouring countries and to minorities in their own territory? And to which extent have their citizenship policies been affected by new immigration and integration into the European Union? Citizenship Policies in the New Europe describes the citizenship laws in each of the twelve new countries as well as in the accession states Croatia and Turkey and analyses their historical background. Citizenship Policies in the New Europe complements two volumes on Acquisition and Loss of Nationality in the fifteen old Member States published in the same series in 2006. This title is available in the OAPEN Library - http://www.oapen.org.

    eISBN: 978-90-485-0225-7
    Subjects: Sociology

Table of Contents

  1. Front Matter
    (pp. 1-4)
  2. Table of Contents
    (pp. 5-10)
  3. List of figures and tables
    (pp. 11-14)
  4. Preface
    (pp. 15-20)
    Rainer Bauböck, Bernhard Perchinig and Wiebke Sievers
  5. Introduction: Altneuländer or the vicissitudes of citizenship in the new EU states
    (pp. 21-42)
    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 is apposite for the lands with which this volume is concerned, in particular, the former communist states that have recently joined the European Union. From the point of view of the issue of citizenship, these countries display a peculiar blend of antiquity and novelty that deserves careful consideration. In this introduction, I therefore propose to make a survey of the preconditions and conditions of citizenship in the new EU Member...

  6. Part I Restored States
    • 1 Estonian citizenship: Between ethnic preferences and democratic obligations
      (pp. 45-66)
      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...

    • 2 Checks and balances in Latvian nationality policies: National agendas and international frameworks
      (pp. 67-96)
      Kristīne Krūma

      Latvia, upon the restoration of its independence in 1991, 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 had 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...

    • 3 Lithuanian nationality: Trump card to independence and its current challenges
      (pp. 97-120)
      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 (see Järve and Krūma in this volume). Therefore, nationality...

  7. Part II States with histories of shifting borders
    • 4 Same letter, new spirit: Nationality regulations and their implementation in Poland
      (pp. 123-150)
      Agata Górny and Dorota Pudzianowska

      The development of the legal notion of Polish citizenship has gone through twists and turns, shaped by the history of the country. Belonging to the Polish nation has not always meant belonging to the Polish state. Radical reconfigurations of Poland’s borders in the last century explain this conceptual inconsistency as much as substantial political and economic emigration from Poland does. Moreover, the Polish People’s Republic promoted the communist idea of a single socialist community comprised of inhabitants of Soviet Bloc countries. Thus, geopolitics defined a concept of the nation that was far removed from how many Polish people construed their...

    • 5 Kin-state responsibility and ethnic citizenship: The Hungarian case
      (pp. 151-176)
      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...

    • 6 Politics of citizenship in post-communist Romania: Legal traditions, restitution of nationality and multiple memberships
      (pp. 177-210)
      Constantin Iordachi

      A member of the European Union since January 2007, Romania has brought a rich historical experience into the union that goes all the way back to long-lasting Byzantine and Ottoman imperial legacies and to the more recent successive waves of Western- and Soviet-style modernisation. Given Romania’s multiple historical legacies, which combine pan-European trends with Central and Southeast European regional features, the history of Romanian citizenship legislation challenges the clear-cut and neatly defined analytical dichotomies, such as ‘old’ versus ‘new’ states and ‘civic’ versus ‘ethnic’ or ‘inclusive’ vs. ‘exclusive’ citizenship doctrines, which are erroneously regarded as corresponding to ‘Western’ vs. ‘Eastern’...

    • 7 The politics of Bulgarian citizenship: National identity, democracy and other uses
      (pp. 211-246)
      Daniel Smilov and Elena Jileva

      It is a well-known paradox that a polity cannot define its membership in a democratic way; there must be an already defined membership in order for a democratic procedure to take place. Therefore, even in genuinely democratic polities, the original membership rules are a complex mixture of normative egalitarian principles and historical contingency, which privileges certain groups. With the passage of time, the contingent privileges tend to acquire a self-perpetuating, normative status.

      Modern Bulgarian citizenship laws are no exception to this general pattern. Various groups controlling the government and the parliamentary majority in the country have at one point or...

  8. Part III Post-partition states
    • 8 Czech citizenship legislation between past and future
      (pp. 249-274)
      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.² This chapter 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 two decades, which may be stimulating for the current debates on citizenship policies in the European...

    • 9 The Slovak question and the Slovak answer: Citizenship during the quest for national self-determination and after
      (pp. 275-304)
      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...

    • 10 From civic to ethnic community? The evolution of Slovenian citizenship
      (pp. 305-338)
      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...

    • 11 Croatian citizenship: From ethnic engineering to inclusiveness
      (pp. 339-364)
      Francesco Ragazzi and Igor Štiks

      The politics of citizenship in post-Yugoslav Croatia are deeply marked by the political climate in which they emerged. The law on Croatian citizenship was enacted on the day (8 October 1991) that the country’s declaration of independence from the Socialist Federal Republic of Yugoslavia (SFRY) was enacted. The first decade of Croatia’s independence was burdened by the 1991-1995 war against Belgrade and military involvement in the war in neighbouring Bosnia-Herzegovina, and dominated by Franjo Tudjman’s overtly nationalist party HDZ², which was in power between 1991 and 1999.

      The new citizenship legislation cannot, therefore, be analysed separately from the process of...

  9. Part IV Mediterranean post-imperial states
    • 12 Malta’s citizenship law: Evolution and current regime
      (pp. 367-388)
      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 in 1964. Throughout these years, however, 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 to...

    • 13 Nationality and citizenship in Cyprus since 1945: Communal citizenship, gendered nationality and the adventures of a post-colonial subject in a divided country
      (pp. 389-418)
      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 since independence (Trimikliniotis 2005).

      In an area of 9,251 km,² the total population of Cyprus is around 754,800, of whom 666,800 are Greek-Cypriots (living in the Cyprus...

    • 14 Changing conceptions of citizenship in Turkey
      (pp. 419-438)
      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 chapter 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 chapter 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. ‘A call to kinship’? Citizenship and migration in the new Member States and the accession countries of the EU
    (pp. 439-458)
    Wiebke Sievers

    When the black British poet John Agard (2000) warns his readers to ‘remember the ship in citizenship’, he is implying that citizenship is not a fixed institution but something that should be adaptable to changes in the population. Agard explicitly refers to black immigration to Britain. In fact, his poem entitled ‘Remember the Ship’ was first published in 1998, 50 years after the SSEmpire Windrusharrived at Tilbury, an event that has come to epitomise the beginning of black immigration to Britain. Commemorating this event, Agard demands: ‘citizenship shall be / a call / to kinship / that knows...

  11. List of contributors
    (pp. 459-464)