Download Acquisition and Loss of Nationality, Volume 1: Comparative by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald PDF

By Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch

Acquisition and lack of Nationality brings jointly a group of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the eu Union. quantity One provides special comparisons of the citizenship legislation of all fifteen countries, whereas quantity includes person stories of every country's legislation. jointly, the books are the main complete to be had source at the query of eu nationality.

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Extra resources for Acquisition and Loss of Nationality, Volume 1: Comparative Analyses

Sample text

Union citizens or long-term resident third country nationals will be at a disadvantage with regard to access to nationality in another Member State if they have used their mobility rights under Community law extensively and cannot meet a residence requirement for naturalisation in that state. This problem can be greatly alleviated by generally reducing residence requirements for naturalisation. However, we make an additional recommendation that residence periods spent in another Member State should be taken into account, even if they may be given less weight or if a minimum time has to be spent in the country where nationality is being acquired.

Regarding the particular clause in art. 5, para. 2, providing for a prohibition of different treatment of a state’s own nationals whether they are nationals by birth or have acquired nationality subsequently, it should be noted that the words ‘shall be guided by’ indicate only a declaration of intent and not a mandatory rule to be followed in all cases. The provision is aimed at eliminating the discriminatory application of rules. Generally speaking, it follows that there can be no difference in the substance of political, economic and social rights connected with nationality.

This status is related to the process of decolonisation or to the integration of immigrants, or it is granted to descendants of emigrants who left the country many generations previously. It is a transitional status often governed by rules closely related to those of nationality law. In countries that do not grant ius soli nationality to the children of immigrants at birth, the status of quasi-citizenship provides equal treatment during childhood and paves the way for the acquisition of nationality upon reaching the age of majority.

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