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Nationality Citizenship and Ethno-Cultural Belonging. Preferential Membership Policies in Europe (Palgrave Macmillan, 2014)

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This book investigates the legal rules of acquisition and loss of citizenship in Europe. Challenging mainstream arguments about the de-ethnicization of citizenship in Europe, Dumbrava identifies and analyses citizenship regulations that differentiate
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  © Costica Dumbrava 2014All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS.Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988.First published 2014 byPALGRAVE MACMILLANPalgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010.Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world.Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries.ISBN 978–1–137–38207–8This book is printed on paper suitable for recycling and made from fullymanaged and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of srcin.A catalogue record for this book is available from the British Library.A catalog record for this book is available from the Library of Congress.Typeset by MPS Limited, Chennai, India. Copyrighted material – 978–1–137–38207–8Copyrighted material – 978–1–137–38207–8  Contents  List of Tables ix  Acknowledgements x Introduction  1 Part I Citizenship Rules in Europe1 Birthright Citizenship 17  Ius sanguinis  citizenship 17    Ius soli   citizenship 23 Ethno-cultural rules of birthright citizenship 25 2 Ordinary Naturalisation 32  Residence 33 Renunciation of other citizenship 37 Language and knowledge about the country 37 Self-sufficiency and good character 38 Ethno-cultural rules of ordinary naturalisation 39 3 Preferential Naturalisation 47  Citizens of privileged states 48 Former citizens and descendants 49 Ethno-cultural relatives 51 Ethno-cultural rules of preferential naturalisation 56 4 Loss of Citizenship 59  Voluntary loss of citizenship 59 Non-voluntary loss of citizenship 62 Ethno-cultural rules of loss of citizenship 65 Part II Ethno-Cultural Citizenship5 A Sovereign Right 69  The doctrine of genuine link 70 Dual citizenship 73 Avoiding statelessness 74 Non-discrimination 76 The protection of national minorities 79 European Union law 84 Limits of international norms 89 vii Copyrighted material – 978–1–137–38207–8Copyrighted material – 978–1–137–38207–8  6 A Right to Self-Definition 93  Political self-definition 93 Ethno-cultural self-definition 100 7 A Remedial Right 109  The restitution of citizenship 109 National survival 112 The Protection of kin minorities 114 Part III Differentiated Membership8 Normative Framework 123  Normative domains of membership 130 Legal, political and identity membership 131 Legal requirements and community expectations 139 9 The   Regulation of Legal and Political Membership 141  The acquisition of legal membership 142 The acquisition of political membership 151 The loss of membership(s) 155 Conclusion 158 Notes 165  References 175  Index 190 viii Contents Copyrighted material – 978–1–137–38207–8Copyrighted material – 978–1–137–38207–8  1 On 15 August 1993, a Greek vessel arrived at the Black Sea shores of Abkhazia in order to rescue Greeks of ethnic srcin who were fleeing the war. About a thousand people were taken aboard, given Greek pass-ports and transferred to Greece. According to the Greek government, the Abkhazian Greeks were “repatriating” to Greece, although most of these people had never set foot in Greece before (De Waal, 2010: 154). On 27 June 2008, the French Conseil d’État   upheld a government decision to refuse granting citizenship to Faiza Silmi, despite the fact that she had lived in France for eight years, spoke fluent French, was married to a French citizen and had three French children. The Conseil d’État   reasoned that Faiza’s way of life, including her wearing a veil that fully covered her face, was incompatible with French values, particu-larly with the principle of gender equality (Augustin, 2008).In February 2011, Ilona Tamásová, a Slovak citizen of Hungarian ethnicity from a town in southern Slovakia, received a request from the Slovak government to return her citizenship documents (Kusa, 2012). Although a Slovak citizen since birth, Ilona’s citizenship lapsed auto-matically when she acquired Hungarian citizenship voluntarily.On 22 November 2012, Spain’s foreign minister, José Manuel García-Margallo, announced that descendants of Sephardic Jews who were expelled from the Spanish Kingdom in the fifteenth century could obtain Spanish citizenship through a simplified procedure. He claimed that the policy served “to recover Spain’s silenced memory” by undoing the historical wrong done to Sephardic Jews (Hadden, 2013). On 7 July 2007, David Hicks, an Australian citizen detained at Guantánamo Bay on suspicion of terrorism, obtained British citizenship after a long battle in court. The status of British citizenship would have allowed Hicks to claim diplomatic protection from the United Kingdom. Introduction Copyrighted material – 978–1–137–38207–8Copyrighted material – 978–1–137–38207–8  2 Nationality, Citizenship & Ethno-Cultural Belonging  Within a few hours after the acquisition of citizenship, however, the British Home Secretary took away Hick’s British citizenship on grounds that he constituted a threat to national security (Dodd, 2007).The above are stories about people who acquired, failed to acquire, lost, or re-acquired citizenship. They may seem exceptional to most people because for most people matters of acquisition and loss of citizenship have little practical relevance. This is because the over-whelming majority of people receive their citizenship automatically at birth through descent from citizens or due to birth in the country and they never lose this citizenship or attempt to acquire another. However, there is nothing natural about this distribution of citizenship at birth or after birth. Firstly, despite being a common practice, sanctioned by international law, the ascription of citizenship at birth or birthright citizenship is not immune to normative questioning. For why should contingent facts about birth determine admission to membership of a liberal democratic state? By “membership” I refer here to both “nation-ality,” which is the common legal term that defines the legal connection between an individual and the state as recognised by the international community, and “citizenship,” which is a term mainly used by social scientists to designate the rights and duties attached to legal member-ship of a state. Note that although the acquisition or loss of nationality usually determines the acquisition and loss of citizenship, the legal status of nationality does not strictly include political rights. Secondly, questions about membership are even more stringent when it comes to the acquisition or loss of citizenship after birth. As the examples above suggest, legal rules regarding the acquisition and loss of citizenship take into account considerations as various as: ethno-cultural belonging, individual allegiance, historical ties, national security, etc. The ques-tion is whether these considerations can justifiably inform principles of inclusion and exclusion suitable for a liberal democratic state. This book was born out of the puzzling observation that many citi-zenship laws grant preferential access to citizenship to certain categories of foreigners. In general, citizenship laws are devices that allow states to determine who their citizens are at any point in time; so, from the perspective of the state, a person is either a citizen or a non-citizen. However, citizens and non-citizens do not always enjoy the same qual-ity of citizenship and non-citizenship. For example, foreigners who are perceived as related to the state may be granted citizenship without having to comply with regular conditions of admission. Moreover, certain categories of citizens, such as the naturalised or dual citizens, maybe denied access to certain public offices or they may have their citizenship status withdrawn on grounds that are not applicable to Copyrighted material – 978–1–137–38207–8Copyrighted material – 978–1–137–38207–8
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