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)

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.

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

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.

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

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.

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

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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