European Convention on Nationality

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idcards

It is suggested, as already mentioned, by the Convention on the future of Europe, that “European citizens” be given “Dual Citizenship” and for this I turn to the Council of Europe’s “European Convention on Nationality” and the definitions of Citizenship and Nationality.
It may be said that the removal of “the former” citizenship/ nationality might only apply to such as one direct nationality to another, (Chinese/ British) the words in the European Convention on Nationality which all Member States are expected to sign, are perfectly clear.
Close examination of the convention led the Government to conclude that, because of the discrepancies between current British nationality law and the convention, it would not be possible to sign and ratify the convention without amending the law.

http://www.geocities.com/annestgeorge/idcards (2420 words)



Nationality rights and equal opportunities

In this context, the Committee of Ministers draws attention to the European Convention on Nationality (ETS No. 166), adopted in the framework of the Council of Europe in 1997, which contains a specific provision prohibiting discrimination on the grounds of sex (Article 5, paragraph 1).
It publishes the “European Bulletin on Nationality”, designed to enable those interested in nationality issues to gain a better understanding of legislation in this field in Europe and in the non-European countries which contribute to the work of the CJ-NA.
The United Nations Convention on all Forms of Discrimination against Women (CEDAW) also contains a specific provision establishing equal rights for women to acquire, change or retain their nationality (Article 9).

http://assembly.coe.int/Documents/WorkingDocs/DOC04/EDOC10295.htm (443 words)



Signatures and ratifications at the Council of Europe

The ratification by Romania of the European Convention on Nationality (ETS No.
- the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (ETS No.
- the European Convention for the protection of the Audiovisual Heritage (ETS No.

http://press.coe.int/cp/2003/093a(2003).htm (214 words)



Activities Report

An International two days seminar on the "European Convention on Nationality" was organised on 25-26 November 1999 in co-operation with the Naturalisation Board of the Republic of Latvia and the Council of Europe.
The edition will also contain the texts of the European Convention on Human Rights and the Rules of the Court edited in Latvian by the Institute, analysis of the Case law of the Latvian Constitutional Court and overview of the case law of the European Convention on Human Rights.
Moot Court Competition on the European Convention on Human Rights was held on 4 June within the framework of the Human Rights Course for the 4th year law students.

http://home.lanet.lv/~lci/hri_l/actang99.htm (3435 words)



EU@UN - EU Presidency Statement - Nationality of natural persons in relation to the succession of States

The European Union expresses its appreciation for the comments and observations from Governments on the question of a convention on nationality of natural persons in relation to the succession of States, as contained in document A/59/180.
We also note the importance of the European Convention on Nationality of 1997 that, in the view of the European Union, constitutes a significant standard in questions regarding nationality.
I have the honour to speak on behalf of the European Union.

http://www.europa-eu-un.org/articles/pt/article_3957_pt.htm (410 words)



Liechtenstein_CBC_2en

Liechtenstein has not yet signed or ratified the ILO Convention concerning Discrimination in Respect of Employment and Occupation, the UNESCO Convention against Discrimination in Education, the European Convention on Nationality, the European Convention on the Legal Status of Migrant Workers, or the European Convention on the Participation of Foreigners in Public Life at Local Level.
The authorities of Liechtenstein state that according to this principle, and by acceding to the International Convention on the Elimination of All Forms of Racial Discrimination, the prohibition of discrimination covers all persons on the territory of Liechtenstein.
Liechtenstein’s immigration policy is based on the principle of equal treatment in conjunction with that of reciprocity.

http://www.coe.int/t/E/human_rights/ecri/1-ECRI/2-Country-by-country_approach/Liechtenstein/Liechtenstein_CBC_2en.asp (6495 words)



Refuge No.7, 2000 - Joint Workshop of the Council of Europe and the United Nations High Commissioner for Refugees (UNHCR)

As far as the European Convention on Nationality is concerned, the experts of the Council of Europe, Mr Roland Schärer and Mr Giovanni Kojanec, explained that in accordance with the provisions of the Convention, a child has the right to the citizenship of at least one of the parents.
The experts of the Council of Europe and UNHCR presented the co-operation of their organisations in this field and in particular the basic provisions of the 1997 European Convention on Nationality, the 1954 United Nations Convention relating to the Status of Stateless Persons and the 1961 United Nations Convention on the Reduction of Statelessness.
The experts of the Council of Europe and UNHCR emphasised that under no circumstances may the renunciation of citizenship lead to statelessness and that citizenship may not be withdrawn by a State if it leads to statelessness (except when it has been acquired by fraud).

http://www.una.org.ge/refuge/072000/1.html (6495 words)



2002r4

Each member state should facilitate the acquisition of its nationality for family members of long-term principals, in accordance with its internal law and taking into consideration the provisions of the European Convention on Nationality (1997).
Family members should enjoy the same treatment as nationals with respect to the freedom of assembly, of association and of expression, in conformity with the relevant provisions of the European Convention on Human Rights.
Recalling the 1951 Convention relating to the Status of Refugees, the 1967 Protocol to this Convention as well as the Final Act to it and the United Nations Convention on the Rights of the Child;

http://cm.coe.int/stat/E/Public/2002/adopted_texts/recommendations/2002r4.htm (857 words)



International Law In Brief June 25, 2004

European Convention on Human Rights (& Convention”) when French police used force against the applicants to arrest them and detained one of them in a psychiatric infirmary for an unnecessary period of time.
European Union (“EU”): the Competitiveness Council of the European Union (“the Council”) approved a Regulation of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of the consumer protection law (“the Regulation on consumer protection cooperation”) (May 18, 2004)
Ukraine asked the Tribunal to "pierce the corporate veil" of Tokelés's subsidiary and "to determine its nationality according to the nationality of its predominant shareholders and managers" rather than its state of incorporation.

http://www.asil.org/ilib/ilib0711.htm (5115 words)



Andrew Walmsley, Head of the Home Office Nationality Directorate, United Kingdom

In November 1997 a new European Convention on Nationality was opened for signature at the Council of Europe in Strasbourg.
The European Convention provides, in Article 3, that each State shall determine under its law who are its nationals, and that such a law shall be accepted by other states in so far as it is consistent with applicable international instruments.
The Convention is the most modern international instrument dealing with nationality and sets out general principles and rules relating to the acquisition and loss of nationality including principles to be adopted in cases of State succession.

http://www.memo.ru/hr/refugees/sem5en/Chapter5.htm (2464 words)



Article: Towards a European Nationality Law, vol. 8.3

The autonomy of Member States in nationality matters was recently underlined in a written answer by Commissioner G. Verheugen to a written question posed by a Member of the European Parliament on the position of stateless persons in the candidate Member State Slovenia; E-1641/03.
The great advantage of cooperation between the European Union and the Council of Europe in the area of nationality law is that the Union may concentrate on the points just mentioned and leave the general attempts to harmonise this area of the law to the Council of Europe.
The validity of the exclusion of certain British nationals from European citizenship was challenged before the European Court of Justice in 2001 in the Manjit Kaur Case.

http://www.ejcl.org/83/art83-4.html (15370 words)



"Going Native" in Europe? Theorizing Social Interaction in European Institutions

Rather, states who so wished were free to allow other cases of multiple nationality. Such a stance simply reflected developments in this field that have taken place in a number of states since the 1963 Convention.
Put differently, the stark internal/external demarcation, where nationality and national identity are largely co-terminus with a states borders, is eroding in contemporary Europe.
The basic task of the Committee was to revisit the understandings of nationality and citizenship promulgated in an earlier, 1963, Council treaty.

http://www.arena.uio.no/publications/wp01_23.htm (6473 words)



European Convention on Nationality - Wikipedia, the free encyclopedia

The European Convention on Nationality (E.T.S. No. 166, done at Strasbourg, 6 November 1997) is a comprehensive convention dealing with the law of nationality.
It provides for nationality to be acquired at birth by descent from either parent to those born within the territory of the state.
This could lead to a number of problems, including loss of the spouses' original nationality, the spouse losing the right to consular assistance (since consular assistance cannot be provided to nationals under the jurisdiction of a foreign state of which they are also nationals), and becoming subject to military service obligations.

http://en.wikipedia.org/wiki/European_Convention_on_Nationality (477 words)



The Oxford University Law Facultyís core reading list, 2001-2002

Harris, OíBoyle, and Warbrick, Law of the European Convention on Human Rights (1995)
Jacobs and White, The European Convention on Human Rights (2
"The Law of the constitution, excluding administrative, local government, and nationality law, and the organisation of the judicial system in England together with such parts of the history of the judicial system as are essential to an understanding of its present organisations.

http://users.ox.ac.uk/~taoe/ccore.html (477 words)



[AMCC-News] ECRI: Discriminatory Effect of the 1992 Law on Citizenship of Macedonia

The latest draft reportedly includes a reduction in the period of permanent residency necessary to gain citizenship, a change ECRI would welcome and one in line with the European Convention on Nationality, which "the Former Yugoslav Republic of Macedonia" has signed.
This work is closely linked with preparations for the future ratification of the European Convention on Nationality.
European Commission against Racism and Intolerance (ECRI) Full report at: http://www.ecri.coe.int/en/08/01/37/CBC2%20Macedonia.pdf Citizenship law 6.

http://www.alb-net.com/pipermail/amcc-news/2001-April/000013.html (358 words)



MINELREL-L Archive (02051998-11:54:50-9629)

But, both on the basis of general international law (under which attribution of citizenship is a sovereign matter) and specifically relevant treaty law (such as the 1997 European Convention on Nationality), it would appear that the State has a wide latitude in this area.
By the way, one might wish to scrutinize the May 1997 European Convention on Nationality which contains a non-discrimination clause in Article 5.
40 of the Explanatory Report to the Convention expressly states that States may "fix certain criteria to determine their own nationals.

http://www.minelres.lv/minelres/archive/02051998-11:54:50-9629.html (300 words)



Nationality - Wikipedia, the free encyclopedia

However, today the law of nationality is increasingly coming under regulation, e.g., by the various conventions on statelessness, and the European Convention on Nationality.
Nationality must be distinguished from citizenship: citizens have rights to participate in the political life of the state of which they are a citizen, such as by voting or standing for election ; while nationals need not have these rights, though normally they do.
The nationality of a legal person (e.g., a corporation) is generally the state under whose laws the legal person is registered.

http://en.wikipedia.org/wiki/Nationality (300 words)



Germany - European Commission against Racism and Intolerance (ECRI)

urged the government to ratify the European Convention on the Legal Status of Migrant Workers and to sign and ratify the Revised European Social Charter and the European Convention for the Participation of Foreigners in Public Life at Local Level;
In 1991 and 1993 the government amended the Nationality Law to make it possible for certain categories of non-German immigrants to be naturalised upon request, but this change resulted in only a slight increase in naturalisation applications.
The report notes that the Ministry of Justice is examining the possibility of introducing a single body of anti-discrimination legislation covering discrimination in several areas and providing for effective enforcement, in the framework of the new directive on implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

http://www.hri.ca/fortherecord2001/euro2001/vol2/germanyecri.htm (1767 words)



Human Rights Issues - List of recommended titles

This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts of the United Kingdom and at the European level: at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg.
Focuses on educating teaching in human rights, including chapters on the universality of human rights principles, the application in schools of the norms from the UN Convention of the Rights of the Child, the human rights education programme of the Council of Europe, and curriculum development, both for teachers and in schools.
Traces protection from the pre-human rights era, when the primary procedural device was diplomatic protection by states of nationality, to the modern period, with its stress on the direction possession of human rights by aliens in their own right.

http://www.osi.hu/cpd/booksdb/humanrights.html (9843 words)



guichett - 62002J0148 -

Citizenship of the European Union - Handing down of surnames - Children of nationals of Member States - Dual nationality.
Furthermore, Article 3 of the Hague Convention, on which the Kingdom of Belgium relies in recognising only the nationality of the forum where there are several nationalities, one of which is Belgian, does not impose an obligation but simply provides an option for the contracting parties to give priority to that nationality over any other.
The two children born from their marriage, Esmeralda and Diego, who were born in 1988 and 1992 respectively, have dual Belgian and Spanish nationality.

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=62002J0148&model=guichett (9843 words)



LLRX -- Guide to International Refugee Law Resources on the Web

Similarly, prohibitions against torture in the 1966 International Covenant on Civil and Political Rights (Article 5) and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3) have been invoked to protect refugees from being refouled.
Human rights treaties are therefore effective tools to use in the international protection of refugees, particularly the 1984 Convention against Torture, which provides for the principle of non-refoulement in Article 3.
Elsewhere, the 1969 American Convention on Human Rights promotes the right to seek and be granted asylum in Article 22(7).

http://www.llrx.com/features/refugee.htm (1969 words)



Jus sanguinis - Wikipedia, the free encyclopedia

More recently these countries have begun to move more towards use of lex soli, partially under the influence of the European Convention on Nationality.
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth to a parent who is already a citizen of the state is provided by a derivative law called lex sanguinis.
At the end of the 19th century, the French-German debate on nationality saw Ernest Renan oppose the German conception of an "objective nationality", based on "blood", "race" or even, as in Fichte's case, "language".

http://en.wikipedia.org/wiki/Jus_sanguinis (545 words)



THE ANALYSIS OF JURISPRUDENCE REGARDINGASYLUM SEEKERS CASES IN MOLDOVA

The ratification of the European Convention on Nationality is a further advance.
1 of the European Convention of Human Rights the state has the obligation to legalise the temporary staying of the person which asked for asylum on his territory as long as the competent organisations are examining his case, in our case UNHCR.
The correct interpretation of the article 3 of the Convention against Torture and Inhuman or Degrading Treatment infers the right of asylum seekers to be allowed to stay in the territory pending a review of their claim.

http://www.unhcr.md/article/analysis.htm (7142 words)



Wikinfo Nationality

by the various conventions on statelessness, and the European Convention on Nationality.
Nationality must be distinguished from citizenship: citizens have rights to participate in the political life of the state of which they are a citizen, such as by voting or standing for election; while nationals need not have these rights, though normally they do.
Nationality is a legal relationship existing between a person and a state.

http://www.wikinfo.org/wiki.php?title=Nationality (288 words)



International Cooperation, Migrant Rights and The Challenge of Human Smuggling

European norms expressed in the 1963 convention, and the international treaty commitments it entailed, were used by the Kohl government and other conservative opponents of dual nationality to justify not changing Germanys renunciation policy in response to growing populations permanent resident aliens (Miller 1989).
France is a party to 1963 Council of Europe Convention and, in accordance with its treaty commitments, it does not permit dual nationality for nationals from another signatory state.
As the US Ambassador in Berlin, he negotiated a treaty in 1868 with the North German Confederation in which Germany recognized United States naturalization and German nationals secured a limited right of expatriation so that German immigrants and their children in the United States would not longer be dual nationals.

http://www.smu.edu/tower/Koslowski2.html (288 words)



The World Wide Web Virtual Library: Sustainable Development

Mixed nationality teams in rural communities, raising awareness, changing attitudes to vital health and environmental issues, deforestation, waste disposal, sanitation and nutrition.
Implementing Sustainable Development in High Consumption Societies: A Comparative Assessment of National Strategies and Initiatives, (research project), high consumption societies, government responses, industrialised countries, Framework Convention on Climate Change; Convention on Biological Diversity, national governments of Australia, Canada, Germany, Japan, Norway, the Netherlands, Sweden, United Kingdom, USA, strategy, policy, law, sustainable development.
The European International Policy Forum (EIPF), European Union, the World Bank group and Developing Countries.

http://www.ulb.ac.be/ceese/meta/sustvl.html (4668 words)



Jus sanguinis

More recently these countries have begun to move more towards use of lex soli, partially under the influence of the European Convention on Nationality.
Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state.
Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth to a parent who is already a citizen of the state is provided by a derivative law called lex sanguinis.

http://encyclopedie-en.snyke.com/articles/jus_sanguinis.html (261 words)



Re

In this climate the international community, initially under the auspices of European powers and the United States, drafted and adopted the 1951 United Nations Refugee Convention definition and its 1967 Protocol to address the plight of refugees in Europe.
Vitit Muntarbhorn, in The Status of Refugees in Asia, discusses the importation or superimposition of territorial sovereignty onto pre-existing polities in the region arguing that ‘the characteristics of permanent population, and defined territory as a basis for laws on immigration and nationality were traditionally alien to the Asian region’ (Muntarbhorn, 1992:5).
The 1951 Convention definition and its application has been recognised as requiring a sense of ‘humanitarianism’ and ‘pragmatism’ that is absent at the time of drafting.

http://www.csu.edu.au/student/forcedmigration/refugee/Vol1/Vol1_a7.htm (4658 words)



United Kingdom: Amnesty International welcomes European Court's decision on Karamjit Singh Chahal and urges government to review similar cases

Amnesty International welcomes todays landmark decision of the European Court of Human Rights which found that the Government of the United Kingdoms attempt to deport Karamjit Singh Chahal to India was in violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Karamjit Singh Chahal, a Sikh of Indian nationality, was arrested on 16 August 1990 and detained under the provisions of the UKs Immigration Act 1971.
The European Court confirms what we have long been saying -- that Karamjit Singh Chahal was detained in violation of international law, Amnesty International said.

http://www.amnestyusa.org/countries/united_kingdom/document.do?id=A99D029652DF9198802569000068A2C7 (4658 words)



Germany v. United States : Verbatim Record - CR 2000/31 - 17 November 2000

With respect to causation, Germany has not borne its burden of proof to show that the execution of the LaGrand brothers, as it appears as a subject of each of Germany's first two submissions and as a predicate for part of the fourth submission, was caused by a breach of the Vienna Convention.
In the latter case, the European Court stated that: "the very language of the request made in the present case confirmed its non-binding character" and that and I quote: "the question whether interim measures indicated by international tribunals are binding is a controversial one and no uniform legal rule exists"
In their attempt to explain away Germany's ignorance as to the legal significance of the LaGrands' German nationality, Germany claims that the letter of 17 March 1993 was to an investigator and not to Karl LaGrand's attorney.

http://www.lawschool.cornell.edu/library/cijwww/icjwww/idocket/igus/iguscr/igus_icr2000-31.html (11395 words)