Suchergebnisse

Preliminary Material /Olivier W. Vonk -- General Introduction /Olivier W. Vonk -- I General Observations on (Dual) Nationality and its Role in Municipal and International Law /Olivier W. Vonk -- II The Role of Dual Nationality in Private International Law and EU Law: The Intra-EU Context /Olivier W. Vonk -- Introductory Remarks on the Country Reports /Olivier W. Vonk -- III France /Olivier W. Vonk -- IV The Netherlands /Olivier W. Vonk -- V Italy /Olivier W. Vonk -- VI Spain /Olivier W. Vonk -- General Conclusions /Olivier W. Vonk -- Bibliography /Olivier W. Vonk -- Index /Olivier W. Vonk.

EUDO Citizenship Observatory ; The relationship between the nationality laws of the European Union Member States and European citizenship has long been the subject of academic discussion. The objective of the present paper is to investigate particularly the impact of the dual nationality regimes – for our purposes to be understood as the possession of a Member State and a non-Member State nationality – on access to European citizenship. Based on an analysis of dual nationality in three different historical-constitutional contexts (post-colonialism, post-emigration and post-communism), we argue that the use of dual nationality – in combination with a preferential nationality regime for certain groups residing outside the EU –, results in discrimination against migrants on the basis of their origin. The different dual nationality policies also affect the EU at large as Member State nationals enjoy – as European citizens – the right of free movement and residence in the Union's territory. At the same time, however, it can be seriously queried whether these 'external EU citizens' can demonstrate a real link with the Member States granting their nationality. Finally, the examination of the case law of the European Court of Justice shows that tensions have already arisen between different Member State nationality laws; it is expected that these tensions will arise even more frequently in the future precisely as a result of the privileged route towards the acquisition of a second 'European' nationality. As the latter development is negatively perceived by many Member States, the EU may decide to undertake action in the area of nationality. This, in turn, could give rise to the legal autonomy of Union citizenship.

This contribution presents the comparative findings of the 'Protection against Statelessness Database', developed by the European Union Democracy Observatory on Citizenship in collaboration with UNHCR. Using the most important international standards as a benchmark, the database provides a normative assessment of the extent to which citizenship laws in 36 European states provide sufficient protection against statelessness. While Section 2 explains the methodology developed by the Observatory in collaboration with UNHCR, and in particular the 17 'modes of protection against statelessness' that have been devised, Section 3 draws some comparative conclusions. This is based on a fourfold distinction – that is, whether the countries provide more protection than required by the standards; act in line with the standards; provide a limited safeguard against statelessness; or provide no safeguard at all. Concluding that a serious attempt is generally made to avoid cases of statelessness from arising, the contribution also feels there is room for improvement.

Introducing a 'sporting nationality' that is completely independent of the standard legal nationality linking individuals to a state is neither feasible nor desirable, as the term nationality and its connotations are broader than the mere sporting context. Since the literature on sport law (lex sportiva) is not clear about the differences and similarities between sporting nationality and standard legal nationality, the concept of sporting nationality remains vague. This article argues that nationality should remain the underlying tie between athletes and their country of representation. Instead of introducing a sporting nationality, the recommendation is to establish a uniform set of rules that provides athletes with a 'sporting license' of the country of which they are nationals. This avoids confusion as to whether a sporting nationality entails some of the rights and duties traditionally linked to the concept of nationality.

This report presents the normative background, analytical frame and key findings of the Database on Protection Against Statelessness in Europe, developed by the EUDO CITIZENSHIP Observatory in partnership with the UNHCR Statelessness Unit. The database, which was launched in March 2013, includes information on the extent to which citizenship laws in 36 European states provide sufficient protection against statelessness, in light of the most important international standards. The database is organized around a comprehensive typology of modes of protection against statelessness which outlines, in a systematic way, 17 categories of persons that are at risk of being or becoming stateless. The database is unique in its systematic comparative approach, its comprehensive geographical scope and its interactive search functionality. The database allows users to view all relevant regulations within one country or to compare different regulations across 36 European countries. For each regulation we provide precise information on provisions in national legislation, including hyperlinks to relevant laws, as well as a critical assessment, against the normative background of established international norms.