Citizenship as a Constitutional Status: Commission v Malta

The Court of Justice of the EU’s judgment in Commission v Malta raises many issues. Three points in particular will be addressed. Firstly, the integration of Union citizenship into the ongoing transformational constitutional jurisprudence. Secondly, the role of mutual recognition and mutual trust in the judgment. Thirdly, the meaning and significance of the ‘special relationship of solidarity and good faith’ requirement. Finally, a reflection is offered on the legitimacy of the reasoning of the Court. Read More …

The Brexit Naturalisation Effect: An Update Eight Years After the Referendum

The increased number of British nationals acquiring citizenship elsewhere in Europe in the wake of the Brexit referendum has been widely reported. New data from Eurostat, combined with statistical analysis, inform us that over 90 thousand British citizens have acquired a European passport, eight years after the 2016 referendum, who likely would not have done so had it not been for Brexit. These numbers are in addition to the around 120 thousand British nationals who are reported to have acquired Irish citizenship as a child or grandchild of Irish citizens. Read More …

‘Passportisation’: ECtHR finds imposition of Russian citizenship in Crimea a breach of article 8 ECHR

The term ‘passportisation’ refers to the practice of extending nationality to substantial numbers of individuals beyond the boundary of the state, including by forcible imposition of nationality.  At an international level, two effects – each potentially an aim of value to the state extending its nationality –  are the erosion of the territorial sovereignty of the state of residence by the new ability of the state of nationality to intervene to protect those possessing its nationality, conformably with article 51 of the UN Charter, and reduced scope for the individual to seek international protection as against a state of his or her nationality.  In the post-Soviet period passportisation been much practised by the Russian Federation, in Georgia, Ukraine, and elsewhere.  On 18 June 2024 Dr Gaiane Nuridzhanian provided a helpful account of recent decisions touching on it, including in the context of human rights.  Since then the Grand Chamber of the European Court of Human Rights has decided an interstate case concerning Russian activities concerning Crimea, Ukraine v Russia (Re Crimea) appns 20958/14 and 38334/18) [2024] ECHR 569, which within its wider decision sets out significant findings regarding passportisation. Read More …