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

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

Acquisition and lack of Nationality brings jointly a crew of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the eu Union. quantity One offers certain comparisons of the citizenship legislation of all fifteen countries, whereas quantity comprises person reviews of every country's legislation. jointly, the books are the main accomplished on hand source at the query of eu nationality.

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30 The Convention on Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality of May 196331 was, until the adoption of the European Convention on Nationality, a major source of European standards on nationality issues although it has never been ratified by more than 13 European states. A number of European states, such as Finland, Greece and Portugal, have never ratified the Convention. One of the main purposes of the Convention was the principle of reducing cases of dual nationality.

5 ECN, therefore, can be considered as containing the core elements of prohibited discrimination in nationality matters. 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.

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.

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