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 ecu Union. quantity One offers distinctive comparisons of the citizenship legislation of all fifteen international locations, whereas quantity comprises person stories of every country's legislation. jointly, the books are the main complete on hand source at the query of ecu nationality.
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Extra info for Acquisition and Loss of Nationality, Volume 1: Comparative Analyses
In order to find out whether use of a legal right granted under Community provisions implies a circumvention of the law, one may distinguish two categories of case. One category concerns the use of Community rights in a context not envisaged by Community law. The statement in the Lair-case may be an example of this category, where freedom of movement for workers is used for persons who, in reality, are not entitled to particular rights granted to workers under the treaty. One may argue that this case should be properly dealt with by applying a more restrictive interpretation of the term ‘worker’ within the meaning of Community law.
The power of states to determine their own nationals must also be constrained when it subverts the legitimate interests of other states, which may be the case when a Member State of the European Union creates large numbers of new nationals abroad INTRODUCTION 31 who then enjoy the right to enter any other Member State of the Union. 2 Taking Union citizenship into account The fact that Union citizenship is derived from Member State nationality and cannot be directly accessed intensifies the responsibility of Member States to take the European effects of their nationality laws into account.
The provision is intended to take account of art. 14 of the European Convention on Human Rights (ECHR) and art. 2 of the Universal Declaration of Human Rights, although it must be noted that art. 14 ECHR applies only to human rights enshrined in the Convention. The Explanatory Report, however, makes clear that the very nature of the attribution of nationality requires states to set certain criteria for defining their own nationals. These criteria can result in more preferential treatment in the field of nationality.
Acquisition and Loss of Nationality, Volume 1: Comparative Analyses by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch