Highlights

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European Citizenship at the Crossroads


This book examines the changing role played by the European Union and international standards on loss and acquisition of nationality. It provides a comparative analysis of EU Member States regulations, administrative practices, court rulings and statistical data on questions related to loss of nationality and European citizenship. It assesses the multifaceted repercussions of the supranational venues of judicial and legal accountability over states autonomy and competences at times of deciding who is and who is not a citizen. The following questions are examined: to what the extent do EU Member States still hold the exclusive competence over domestic decisions in nationality matters? How do international and European legal principles and standards, as well as case-law by European courts progressively affect their margin of manoeuvre at times of deciding who is and who is not a ‘citizen’? What are the repercussions of their obligations in safeguarding citizenship of the Union? List of contents Preface 
   Gerard-René de Groot and Sergio Carrera Nuñez
About the Authors 
Abbreviations 
List of Tables and Figures 
Foreword 

   Zeta Georgiadou PART I: LOSS AND QUASI-LOSS OF NATIONALITY IN THE EU
Chapter 1 
Introduction: European Citizenship at a Crossroads
   Sergio Carrera Nuñez and Gerard-René de Groot
Chapter 2 
Survey on Rules on Loss of Nationality in International
Treaties and Case Law
   Gerard-René de Groot
Chapter 3 
A Comparative Analysis of Regulations on Involuntary
Loss of Nationality in the European Union
   Gerard-René de Groot and Maarten Peter Vink
Chapter 4
Reflections on Quasi-Loss of Nationality from
Comparative, International and European Perspectives
   Gerard-René de Groot and Patrick Wautelet
Chapter 5 
Mapping Statistics on Loss of Nationality in the EU:
A New Online Database
   Maarten Peter Vink and Ngo Chun Luk PART II: NATIONAL PERSPECTIVES AND DEVELOPMENTS
Chapter 6
Loss of Nationality in the Nordic Countries 185
   Eva Ersbøll
Chapter 7 
Deprivation of Citizenship:
The Latvian Example and EU Perspective
   Kristine Kruma
Chapter 8 
Is it Possible to Lose the Hungarian Nationality?
   Judit Tóth
Chapter 9 
Iberian Nationality Legislation and Sephardic Jews:
‘With due regard to European law’?
   Hans Ulrich Jessurun d’Oliveira
Chapter 10 
Attribution of Spanish Nationality to Children Born in Spain with the
Purpose of Avoiding Situations of Statelessness at Birth.
   Aurelia Álvarez Rodríguez and Guayasén
   Marrero González
Chapter 11 
How Much Does EU Citizenship Cost? The Maltese Citizenship-for-Sale
Affair: A Breakthrough for Sincere Cooperation in Citizenship of the Union?
   Sergio Carrera Nuñez PART III
ROTTMANN IN THE COURTS OF THE MEMBER STATES OF THE EUROPEAN UNION:
A collection of judgements, pending cases and caselaw notes 1. AUSTRIA
Gerard-René de Groot
1.1. CASE 1: An Austrian husband of Macedonian origin 
1.1.1. Text of the judgement 
1.1.2. Case Note 
1.2. CASE 2: An Austrian wife of Nigerian origin 
1.2.1. Text of the judgement 
1.2.2. Case Note 
1.3. CASE 3: An Austrian husband of Turkish origin 
1.3.1. Text of the judgement 
1.3.2. Case Note  2. BELGIUM
   Patrick Wautelet
2.1. CASE 4: Two Belgian children born in China 
2.1.1. Text of the judgement 
2.1.2. Case Note  3. CYPRUS
   Nicoletta Charalambidou
3.1. CASE 5 
3.1.1. Text of the judgement 
3.1.2. Case Note  4. DENMARK
   Eva Ersbøll
4.1. PENDING CASE 
4.1.1. Case description  5. GERMANY
   Gerard-René de Groot
5.1. CASE 6: The fate of Janko Rottmann 
5.1.1. Text of the judgement 
5.1.2. Case Note 
5.2. CASE 7: A German with Turkish roots 
5.2.1. Text of the judgement 
5.2.2. Case Note  6. LATVIA
   Kristine Kruma
6.1. CASE 8: A Latvian with a Russian background 
6.1.1. Text of the judgement: Court of First Instance 
6.1.2. Text of the judgement: Latvian Supreme Court 
6.1.3. Case Note  7. MALTA
   Daniela DeBono
7.1. CASE 9 
7.1.1. Text of the judgements: First Hall of the Constitutional Court 
7.1.2. Text of the judgements: Court of Appeals of the Constitutional Court 
7.1.3. Case Note  8. THE NETHERLANDS
   Ngo Chun Luk
8.1. Combined Case Note 
8.2. CASE 10: Parental error 
8.3. CASE 11: Syrian, not Iraqi 
8.4. CASE 12: Unintentional fraud 
8.5. CASE 13: Fictitious parentage 
8.6. CASE 14: Bigamous Egyptian 
8.7. CASE 15: Hidden criminal antecedents 
8.8. CASE 16: Identity fraud in Limburg 
8.9. Final Remarks 
8.10. Text of Judgments  9. THE NETHERLANDS
   Gerard-René de Groot
9.1. PENDING CASE 2: Dutch twins? 
9.1.1. Case description  10. SPAIN
   Guayasén Marrero González
10.1. CASE 17: Temporary residence permit on the grounds of exceptional circumstances (social         integration)
10.1.1. Text of the judgement 
10.1.2. Case Note  11. UNITED KINGDOM
11.1. PENDING CASE 3: A British Vietnamese involved in terrorism? 
11.1.1. Appeal: Court of Appeal of England and Wales 
11.1.2. Final appeal: Supreme Court – case description  12. EUROPEAN COURT OF HUMAN RIGHTS
   Gerard-René de Groot
12.1. PENDING CASE 4: A Maltese husband of Egyptian origin 
12.1.1. Case description 
12.1.2. Comments 

ANNEX 1.
Guidelines Involuntary Loss of European Citizenship (ILEC Guidelines 2015) 
Gerard-René de Groot, Maarten Peter Vink and Patrick Wautelet REFERENCES AND SELECTED BIBLIOGRAPHY 
 

Forthcoming Publications

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Privacy wetgeving
S. Fennell, R. Kroes, F. Koppejan, A. Thier (red.)

Met nieuwe Nederlandse regels sinds 1 januari 2016 en de in april 2016 aangenomen Europese Algemene Verordening Gegevensbescherming (AVG) is privacy weer volop in beweging na een lange periode van relatieve rust. In deze bundel tref je een overzicht aan van de belangrijkste algemene wet- en regelgeving op het gebied van privacy en de bescherming van persoonsgegevens. Deze bundel is daarmee een onmisbaar hulpmiddel voor iedereen die vanuit zijn of haar vakgebied met privacykwesties in aanraking komt. Zoals je van Privacy Company gewend bent, bevat ook deze versie suggesties van superheld Captain Privacy, de boetebedragen bij de betreffende artikelen en een handig trefwoordenregister. Bent u al voorbereidingen aan het treffen voor de inwerkingtreding van de AVG in 2018 of heeft u vragen over implementatie van andere relevante wet-en regelgeving? Wij helpen u graag op een
praktische manier met alle privacy gerelateerde vraagstukken door middel van advies, tooling en
training.  

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INTERNATIONAL STANDARDS ON NATIONALITY LAW
G. R. de Groot & O.W. Vonk

While nationality law has traditionally been part of the nation-state’s ‘reserved domain’, recent decades have witnessed a growing body of international standards and guidelines in this area. This book provides the first comprehensive collection of multilateral international treaties, other international documents and case law of international tribunals regarding nationality law. Together these materials reflect the currently existing status of nationality under international law.
In addition, from being a stable field of law, nationality law has been subject to growing instrumentalization and change. International Standards on Nationality Law thus examines topical issues relating to nationality such as discriminatory practices in relation to gender, ethnicity and race, the status of surrogate-born children, diplomatic protection, the revocation of nationality of convicted terrorists, and ‘citizenship-for-sale’ programmes. Extensive bibliographical references have been included throughout, enabling the reader to identify relevant publications for further reading. Gerard-René de Groot is Professor of Comparative Law and Private International Law at Maastricht University and the University of Aruba (the Netherlands), and co-director of the Maastricht Centre for Citizenship, Migration and Development (MACIMIDE). He is the author of more than 500 publications in the areas of comparative law, nationality law and legal translation, and has acted on numerous occasions as expert-consultant to both national and international bodies dealing with matters of nationality law.
Olivier Willem Vonk holds a PhD from the European University Institute (Italy) and is currently a Marie Curie COFUND Fellow at the University of Liège (Belgium). Previously, he was a Marie Curie Outgoing Fellow at Maastricht University and a visiting researcher at Georgetown University (US). His publications include Dual Nationality in the European Union and Nationality Law in the Western Hemisphere (Martinus Nijhoff Publishers).
The authors are Consortium Members of the EUDO CITIZENSHIP Observatory and have collaborated with different organisations and institutions on issues of nationality law, including the Council of Europe, UNHCR, and the European Parliament.

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Exclusion clauses of the Refugee Convention in relation to national immigration legislations, European policy and human rights instrument
Z. Yakut-Bahtiyar

Article 1F of the Refugee Convention excludes persons with respect to whom there are serious reasons for considering that they have committed a crime against peace, a war crime or a crime against humanity, a serious non-political crime outside the country of refuge prior to their admission to that country as a refugee or acts contrary to the purposes and principles of the United Nations. A 1F applicant loses any protection which would have been available under the Convention and, consequently, becomes ineligible for a residence permit under asylum. Though the exclusion of an asylum seeker basically leads to expulsion, this may be impossible to execute due to legal obstacles such as the non-refoulement principle. According to this principle, no one should be returned to a country where he fears for his life or freedom. This book is the result of a study into Article 1F, including an in-depth focus on the post-exclusion phase from a national and European perspective. In this study, the author is seeking solutions regarding the dilemmas surrounding the position of non-removable excluded asylum seekers. With its description of the applicable law as it stands, its theoretical framework and comparative elements, this research is valuable to legal practice and contributes to the continual debate regarding the possibilities and limits of developing a Common European Asylum System.

Recent Publications

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The recast Reception Conditions Directive
P. Minderhoud & T. Strik (eds)

On 20 July 2015 the deadline expired for the transposition of the recast Reception Conditions Directive (Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (recast), OJEU 2013 L180/96).   The presentations on which this book is based, were originally given during a seminar on the Recast Reception Conditions Directive. This seminar took place at the Centre for Migration Law (Jean Monnet Centre of Excellence), Faculty of Law of the Radboud University Nijmegen, on Tuesday 8 December 2015.   In light of the very substantial level of interest, we publish a book on the results of this seminar in order to enable those who were not able to attend to benefit from the wealth of knowledge and information which was shared. The book is divided in two sections. The first section deals with the central themes and the problem issues of the recast Reception Conditions Directive. The second part of the book focuses on the implementation of the recast Reception Conditions Directive in a selected number of Member States.   This book offers insight in all the different aspects of the recast Reception Conditions Directive.

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Narratives on Organised Crime in Europe
P. Van Duyne, M. Scheinost, G. Antonopoulos, J. Harvey & K. Von Lampe (eds.)

In this Cross-border Crime Volume a number of important European criminal narratives have been brought together. The chapters speak of criminal ‘narratives’ having a particular leitmotif around which elements of criminal phenomena are ordered such that a specific meaning can be conveyed. Corruption, organised and economic crime, fraud and money laundering are important themes for narratives about crime in Europe. The phenomenon of corruption has many common elements, which in each country become re-arranged into a national narrative or discourse. At present such narratives on corruption in Eastern Europe are highly relevant, in particular in view of the relationships with the EU. Also the organised crime narrative still has a prominent place in the European crime scene, whether it concerns Russian organised crime or cybercrime, targeting banks as well as individuals. The organisation of fraud and economic crime remains a serious challenge to consumers as well as the business sector. Amidst all these high-level forms of criminal organisation one can also find “traditional” versions of organised lawlessness, for example outlaw motorcycle gangs that continue to capture the imagination of law enforcement and the general public, not only Scandinavia.   This fifteenth volume of the Cross-border Crime Colloquium, held once a year at a different locatuion in Europe since 1999, contains the peer reviewed contributions of 18 internationally established and up-coming experts in the field of organised and economic crime, corruption, fraud and money laundering. The chapters are based on original empirical date and critical analysis and provide new insights in these fields, stimulating a critical discourse on criminal phenomena in Europe and beyond.

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Crimmigration law in the European Union
A. Pahladsingh & J. Waasdorp

In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. An entry ban prohibits entry into and stay on the territory of all EU Member States (except the United Kingdom and Ireland) and Switzerland, Norway, Iceland and Liechtenstein. This instrument is intended to have preventive effects and to foster the credibility of EU return policy. The clear message is that those who disregard migration rules in the Member States will not be allowed to re-enter any Member State for a specified period. Furthermore, the entry ban is an instrument which can be used to prevent or to counter terrorism. The use of criminal sanctions in the area of immigration opens the largely political debate on the legitimacy of the process of criminalizing foreigners. The merger between criminal law and immigration law has been classified as “crimmigration law”. The entry ban falls within the scope of crimmigration law. The relation between immigration law and criminal law and the compatibility of national penal measures imposed as a punishment for illegal migration is developed in the case law of the Court of Justice of the European Union. There is a well-established jurisprudence on the interplay between domestic penal sanctions and the effectiveness of return policy. The effectiveness of the return process would be compromised by the application of a criminal penalty for violating the entry ban, because the primary objective of the Directive is not to prevent illegal presence in the territory but rather to put an end to it. The current issue is to determine to what extent the use of criminal sanctions by Member States is allowed in the situation that an entry ban is issued against an illegally staying third-country national. This research focuses on this issue.  

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