Protecting the right to a nationality for children of same-sex couples in the EU – A key issue before the CJEU in V.M.A. v Stolichna Obsthina (C-490/20)

Posted onFebruary 4, 2021February 4, 2021

The enjoyment of LGBTIQ* rights varies across Europe. As a result, rainbow families in Europe (families where a child has at least one parent who identifies themselves as lesbian, gay, bisexual, trans, intersex or queer) can face problems with recognition of civil status, birth registration and access to birth certificates, leaving some children in these families either stateless or at risk of statelessness. The Court of Justice of the European Union (CJEU) will now have an opportunity to address this issue in a case concerning a child born to same-sex parents in Spain, for which a hearing is due to take place next week.

CJEU asked to rule on recognition of birth certificate of child born to same-sex couple as proof for nationality

Posted onJanuary 29, 2021January 29, 2021

On 2 October 2020, the Administrative Court of the City of Sofia in Bulgaria requested a preliminary ruling from the Court of Justice of the European Union (CJEU) in the case C-490/20 V.M.A. v. Stolichna Obsthina, Rayon ‘Pancharevo’ (Sofia municipality, ‘Pancharevo’ district), concerning the recognition of a birth certificate mentioning two women as parents in order to get proof of nationality.

A victory for human rights in Zhao v. the Netherlands (the ‘Denny case’): Nationality from birth, without exceptions

Posted onJanuary 19, 2021January 19, 2021

In its first-ever decision on the right to nationality, issued in late December, the UN Human Rights Committee calls on the Netherlands to enact a framework for addressing statelessness that puts human rights first.

How cities and regions are turning immigrants into citizens – whatever the central governments may think

Posted onJanuary 13, 2021January 13, 2021

Traditionally understudied by scholars of social policy, migration and territorial politics, the rescaling of socio-economic and cultural policies to the subnational level has, combined with decentralisation reforms, turned immigrant integration, encompassing the socio-economic, cultural-religious and legal-political realms, into a competence of sub-national authorities.

The 2020 Amendments to the Portuguese Nationality Act: a big step further towards pure ius soli… and some more inclusive measures

Posted onJanuary 12, 2021January 12, 2021

After the last amendment, that took place in 2018, the Portuguese Nationality Act was revised once again on the 10th November 2020. These amendments involve a major revision of the basic principles of the Portuguese Nationality Law.

EU court case sees British citizen seek post-Brexit rights in France

Posted onDecember 15, 2020December 15, 2020

A UK citizen who has been living in France for 36 years has brought a case to the Court of Justice of the European Union that could have profound implications for British people living in European countries after Brexit. The woman is hoping to retain some citizenship rights after she ceases to be a European citizen.

India’s legal obligations towards precarious citizens and stateless persons

Posted onDecember 2, 2020January 12, 2021

This is a summary of a report that aims to comment
on and review existing law and policy on statelessness in India. It
is divided into three chapters – Status, Detention and SocioEconomic Rights.

US Overseas Voters: Providing the Margin of Victory in Close Elections?

Posted onNovember 2, 2020January 12, 2021

Overseas US voters might make a difference, not only in the 2020 presidential race, but in at least one close Senatorial race. They vote in 50 different states, not voting in one single constituency but may, even so, tip close elections.

Investor citizenship and EU law: Much to do about nothing?

Posted onOctober 30, 2020October 30, 2020

This contribution discusses the infringement proceedings launched by the European Commission against Malta and Cyprus regarding their investor citizenship programmes. It critically discusses the arguments of the Commission that these programmes are incompatible with EU law, and in particular the essence of EU citizenship and the principle of sincere cooperation.

Citizenship stripping, fair procedures, and the separation of powers: A note on Damache v. Minister for Justice

Posted onOctober 26, 2020October 26, 2020

Damache concerned a constitutional challenge to s.19 of the Irish Nationality and Citizenship Act 1956 (‘the 1956 Act’). This section outlined the statutory process the executive branch – acting through the Minister for Justice (‘the Minister’) – had to follow before revoking a certificate of naturalisation. The Supreme Court of Ireland held that the fact the executive both initiated the proposal to revoke and made the final decision to confirm or dismiss it, was contrary to fair procedures.

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Protecting the right to a nationality for children of same-sex couples in the EU – A key issue before the CJEU in V.M.A. v Stolichna Obsthina (C-490/20)

CJEU asked to rule on recognition of birth certificate of child born to same-sex couple as proof for nationality

A victory for human rights in Zhao v. the Netherlands (the ‘Denny case’): Nationality from birth, without exceptions

How cities and regions are turning immigrants into citizens – whatever the central governments may think

The 2020 Amendments to the Portuguese Nationality Act: a big step further towards pure ius soli… and some more inclusive measures

EU court case sees British citizen seek post-Brexit rights in France

India’s legal obligations towards precarious citizens and stateless persons

US Overseas Voters: Providing the Margin of Victory in Close Elections?

Investor citizenship and EU law: Much to do about nothing?

Citizenship stripping, fair procedures, and the separation of powers: A note on Damache v. Minister for Justice