Fighting Statelessness and Discriminatory Nationality Laws in Europe

Fighting Statelessness and Discriminatory Nationality Laws in Europe Abstract The European Convention on Nationality opens with an articulation of the general principles upon which the instrument rests. These can be summarised as follows: (i) states are free to determine who are their nationals, within the limits set by international law; (ii) statelessness shall be avoided; and (iii) rules relating to nationality may not be discriminatory. Here, the second and third statements give content to the first. Thus, the most significant limits imposed by international law with regard to the regulation of nationality are standards relating to the avoidance of statelessness and to the principle of non-discrimination. This article explores the development of these two sets of standards in the European context through an analysis of the further provisions of the European Convention on Nationality as well as an investigation of emerging regional jurisprudence. In particular, the article considers the significance of the recent Rottmann (ECJ 2010) and Genovese (ECtHR 2011) rulings. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Fighting Statelessness and Discriminatory Nationality Laws in Europe

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Publisher
Martinus Nijhoff Publishers
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/15718166-12342006
Publisher site
See Article on Publisher Site

Abstract

Abstract The European Convention on Nationality opens with an articulation of the general principles upon which the instrument rests. These can be summarised as follows: (i) states are free to determine who are their nationals, within the limits set by international law; (ii) statelessness shall be avoided; and (iii) rules relating to nationality may not be discriminatory. Here, the second and third statements give content to the first. Thus, the most significant limits imposed by international law with regard to the regulation of nationality are standards relating to the avoidance of statelessness and to the principle of non-discrimination. This article explores the development of these two sets of standards in the European context through an analysis of the further provisions of the European Convention on Nationality as well as an investigation of emerging regional jurisprudence. In particular, the article considers the significance of the recent Rottmann (ECJ 2010) and Genovese (ECtHR 2011) rulings.

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2012

Keywords: nationality; citizenship; statelessness; discrimination; European Convention on Nationality; Rottmann; Genovese

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