EU Conditionality on Nationality-Sensitive Matters in Bosnia and Herzegovina: Promoting Democracy or Maintaining the Status Quo? EDAP 05/2013

This paper will analyse the impact of the EU conditionality in Bosnia and Herzegovina (BiH) and its efficacy in promoting democratic changes in this country. It will be argued that as BiH is a unique case, its constitutional constraints must be taken into account because every reform that affects the difficult balance between the three main ethno-religious groups of BiH is perceived as a nationality-sensitive issue and is therefore vulnerable to political pressure. With reference to two specific situations where EU has demanded the BiH political elites to adopt EU-compatible reforms, namely the police reform process and the implementation of the Sejdić and Finci ruling, it will be argued that the use of the conditionality tool has increased inter-ethnic polarization among the political parties, thus preventing Bosnia and Herzegovina from moving forward in the EU integration process.

Survey on Rules on Loss of Nationality in International Treaties and Case Law. CEPS Paper in Liberty and Security in Europe No. 57, 30 August 2013

This paper offers a picture of the obligations existing under international and European law in respect of the loss of nationality. It describes international instruments including obligations in this field with direct relevancy for the loss of nationality of Member States of the European Union, but also obligations regarding loss of nationality in regional non-European treaties. Attention is given to two important judicial decisions of the European Court of Justice (Janko Rottmann) and the European Court of Human Rights (Genovese v Malta) regarding nationality. Special attention is devoted to Article 15 of the Universal Declaration of Human Rights, which forbids the arbitrary deprivation of nationality. A survey is provided of possible sub-principles that can be derived from this rule. Finally, some observations are made on the burden of proof in cases of loss of nationality.

Reflections on quasi-loss of nationality in comparative, international and European perspective. CEPS Liberty and Security in Europe No. 66/August 2014

This paper focuses on situations in which a person is said never to have had the nationality of a country, even though (s)he assumed (and in many cases the authorities of the country concerned shared that assumption) that (s)he possessed that nationality. Contrary to situations of loss of nationality, where something is taken away that had existed, quasi-loss involves situations in which nationality was never acquired. This contribution seeks to examine whether a person should under certain circumstances be protected against quasi-loss of nationality. In order to do so, the paper first maps out situations of quasi-loss in EU member states, describing typical cases in which a person never acquired the nationality of the country, although (s)he was at some time considered as a national. Drawing on this taxonomy, the paper attempts to uncover whether national, European and international laws offer some protection, and if yes, to which extent, for situations of quasi-loss. It concludes with outlining best practices which Member States should comply with in handling such situations.

Best Practices in Involuntary Loss of Nationality in the EU. CEPS Liberty and Security in Europe No. 73/November 2014

This paper was prepared as a ILEC Policy Brief for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu.

European Citizenship at the Crossroads: Enhancing European Cooperation on Acquisition and Loss of Nationality. CEPS Liberty and Security in Europe No. 73/December 2014

This paper was prepared as a Policy Brief for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu.

How to deal with quasi-loss of nationality situations? Learning from promising practices. CEPS Liberty and Security in Europe No. 71/December 2014

This paper was prepared as a Policy Brief for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu.

Statistics on Loss of Nationality in the EU. CEPS Liberty and Security in Europe No. 70/December 2014

This paper was prepared as a Policy Brief for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu.

Mapping Statistics on Loss of Nationality in the EU: A new online database. CEPS Liberty and Security in Europe No. 76/December 2014

Statistics can be useful when assessing the practical relevance of varying rules and practices on the involuntary loss of nationality across EU member states. Yet while much progress has been made within the EU in recent years with regard to the collection of comparable and reliable information on the acquisition of nationality, statistics on the loss of nationality are hard to find and, where available, difficult to interpret. In this comparative report, the authors explore the landscape of existing statistical data on loss of nationality in the European Union. They identify challenges to the existing methods of data collection and data interpretation and introduce an online statistical database, bringing together all existing statistical data on loss of nationality in the EU. These data are summarised in tables and graphs and discussed with reference to the relevant national and European sources. The authors conclude with recommendations to policy-makers on how to improve data collection in this area.

A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union. CEPS Liberty and Security in Europe, 75/December 2014

This study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and vindicate the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Joint processing could contribute to front-line reception and processing capacity, but is no substitute for proper investment in national systems. The Dublin system as currently configured leads inexorably to increasing coercion and detention, and must thus be reconfigured to remove coercion as a principle and ensure consistency with human rights and other fundamental values of the EU.

The Legal Construction of Membership: Nationality Law in Germany and the United States. CES Germany & Europe Working Papers No. 00.5, 2000

The argument of this paper is that several empirical puzzles in the citizenship literature are rooted in the failure to distinguish between the mainly legal concept of nationality and the broader, political concept of citizenship. Using this distinction, the paper analysis the evolution of German and American nationality laws over the last 200 years. The historical development of both legal structures shows strong communalities. With the emergence of the modern system of nation states, the attribution of nationality to newborn children is ascribed either via the principle of descent or place of birth. With regard to the naturalization of adults, there is an increasing ethnization of law, which means that the increasing complexities of naturalization criteria are more and more structured along ethnic ideas. Although every nation building process shows some elements of ethnic self-description, it is difficult to use the legal principles of ius sanguinis and ius soli as indicators of ethnic or non-ethnic modes of community building.

The Dangers and Inanity of (Euro-) Nationalism: From Communitarianism to Cosmopolitanism. Egmont Paper No. 77, April 2015

INTRODUCTION In the current times of multifaceted crisis, nationalism looks, more than ever, like a positive and necessary feeling. It seems both natural and indispensable if we are to have viable political and social institutions that meet the needs and preferences of all citizens. The following paper contests this vision. Its criticism of nationalism is directed not only at its national forms, but also at any defence of collective identity based on the same model, such as the various forms of European nationalism. Furthermore, the same overriding criticism can be made of different kinds of nationalism, regardless of their more or less open and progressive political content. In order to ground our argument theoretically and practically, we will try to show that nationalism is always potentially harmful to individual rights, and unnecessary for the maintenance of a just social and political system. We will thus oppose any acritical defence of the intrinsic value of a specific community and the belief in its artificial homogeneity. The historical construction of a supposedly homogeneous community, and the insistence on its values, which are perceived as superior and binding, facilitate the absorption of the individual into the collective. As we will explain further in more details, this holistic approach is typical of communitarian approaches. In that respect, it does not really matter whether they appeal to passion or to reason, to some irrational binding features of the community or to more rational political aspects of a common identity. The main problem in nationalism is not the emotion it can trigger, it is not even its reliance on particular values. What makes nationalism problematic is, firstly, that it tends to overlook the intrinsically divisive and contradictory nature of individual and collective interests in unjust societies; secondly, that it attributes an intrinsic superiority to a particular community over others; and thirdly, that it sees politics as a means to promote the interests, values or identity of that community. As an alternative, we will very briefly advocate a cosmopolitan approach that grounds political legitimacy in a demanding approach to individual freedom, rather than in a shared collective identity. However, even if only briefly, we will also carefully distinguish our own vision of cosmopolitanism from those commonly put forward. Frequently, cosmopolitan perspectives entangle their identity frameworks with concrete political projects, without clearly explaining how the latter derive from the former. Our approach to cosmopolitanism, on the other hand, is, first and foremost, a critical vision of all communitarian postulates according to which politics should be based on some form of collective identity. Thus, we insist on the conceptual distinction between a general stance on identity issues and the more practical political ideology one stands for. In a subsequent step, we link this cosmopolitan framework with a progressive approach to individual rights. Because of our demanding approach to individual freedom, our cosmopolitanism goes hand in hand with a revival of identity-free sovereignty. It is therefore distinct from the severe condemnation of sovereignty often found in most mainstream cosmopolitan positions. Finally, instead of the frequent confusion found in public discourses and in the literature between ideals and reality, our position acknowledges the deep gulf separating these two dimensions. It therefore sketches out very general strategic principles to bring normative ideals closer to political reality.

National Minorities, Nationalizing States, and External National Homelands in the New Europe. Notes toward a Relational Analysis. Institute of Advanced Studies Political Science Series, 11 December 1993

Nationalism remains central to politics in and among the new nation-states. Far from »solving« the region's national question, the most recent reconfiguration of political space – the replacement of the Soviet Union, Yugoslavia, and Czechoslovakia by some twenty would-be nation-states – only recast it in a new form. It is this new phase and form of the national question that I explore in this paper. I begin by outlining a particular relational configuration – the triadic relational nexus between national minorities, nationalizing states, and external national homelands – that is central to the national question in post-Soviet Eurasia. In the second, and most substantial, section of the paper, I argue that each of the »elements« in this relational nexus – minority, nationalizing state, and homeland – should itself be understood in dynamic and relational terms, not as a fixed, given, or analytically irreducible entity but as a field of differentiated positions and an arena of struggles among competing »stances.« In a brief concluding section, I return to the relational nexus as a whole, underscoring the dynamically interactive quality of the triadic interplay.

How much does EU citizenship cost? The Maltese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the union? CEPS Liberty and Security in Europe No. 64, April/2014

How much does European citizenship cost in the EU? This was the question that has raised so much controversy over the Maltese citizenship-for-sale programme. The outright selling of Maltese nationality to rich foreigners led to unprecedented responses by the European Parliament and European Commission. This paper examines the affair and its relevance for current and future configurations of citizenship of the EU. It studies the extent to which member states are still free to lay down the grounds for the acquisition and loss of nationality without any EU supervision and accountability. It provides a comparative overview of member state schemes and the exact price for buying citizenship and a residency permit in the EU. It is argued that the EU’s intervention on the Maltese citizenship-for-sale affair constitutes a legal precedent for assessing the lawfulness of passport-for-sale or golden migration programmes in other EU member states. The affair has also revealed the increasing relevance of a set of European and international legal principles limiting member states’ discretion over citizenship matters and providing a supranational constellation of accountability venues scrutinising the impact of their decisions over citizenship of the Union. The Maltese citizenship-for-sale affair has placed at the forefront the EU general principle of sincere cooperation in nationality matters. Member states’ actions in the citizenship domain cannot negatively affect in substance the concept and freedoms of European citizenship. That notwithstanding, the European institutions’ insistence on the need for Maltese nationality law to require a ‘genuine link’ in the form of an effective residence criteria for any rich applicants to benefit from the fast-track naturalisation poses a fundamental dilemma from the angle of Union citizenship: what is this genuine link really about? And what is precisely ‘habitual’, ‘effective’ or ‘functional’ residence? It is argued that by supporting the ‘real connections’ as the most relevant standard, the European institutions may be paradoxically fuelling nationalistic misuses by member states of the ‘genuine link’ as a way to justify restrictive integration policies on the acquisition of nationality.

Autonomy in the global era: Euro-regionalism and new policy spaces in education. ACES Working Papers, August 2010

Framed by a critical discussion of methodological nationalism, this paper explores the intersection of new and evolving regional, central state, and supranational education policy spaces through examples drawn from post-Franco Spain. This work is situated within the broader literature on the development of a European Education Policy Space, which aims to understand changing governance structures in European education (cf. Grek et al., 2009; Lawn & Lingard,2002; N6voa & Lawn, 2002). Using policy documents since 2000 and interview data, the paper first examines Spanish and regional (Catalan) education policy related to devolution, namely Catalonia's recently revised Statute of Autonomy. The paper then places devolution in Spain and Catalonia in a broader context of Euro-regionalism, which has deepened and legitimized regional autonomy. Together these shifts in educational governance and the development of new education policy spaces have promoted a concept of the multi-scalar, European "ideal citizen" (Engel & Ortloff, 2009). The last section presents an overview of the recent influx of immigrants into Catalonia and Spain, exploring whether and to what extent recent education policy promoting the "ideal citizen" has taken non-European immigrants into account.

Ukraine’s wartime nationalism. OSW COMMENTARY NUMBER 179, 28.08.2015

From the Introduction. The Euromaidan revolution and the war in Donbas that followed it have brought about deep changes in the way Ukrainian citizens think and have led to a rapid transformation of how people view the concept of national community. It began to be increasingly common for proponents of nationalism to refer to solidarity with the state instead of referring to the nation understood as an ethnic community, as they had previously done. This is due to the fact that an entire young generation has matured which takes the Ukrainian state for granted, but also because in the Russian-Ukrainian conflict most Russian-speaking citizens of Ukraine have opted for Ukraine.