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.
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.
Back in 2015, five individuals were deprived of their French nationality. These five individuals challenged the revocation decrees before the European Court of Human Rights (ECtHRts). The decision in Ghoumid and others v. France was issued on 26 June 2020. The ECtHRts failed to recognise any violation of the European Convention on Human Rights and Fundamental Freedoms. Worse, it created a “grey hole,” i.e., formal protection of the rule of law which is substantially inconsistent. Read More …
The continuing delinquency of the existence of British National (Overseas) status as a class of British nationality that confers no right of abode in the UK itself. What more could the UK Government do and why?
In May 2020, UNHCR released its long-awaited Guidelines on Statelessness No.5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness. The new Guidelines represent the official UNHCR position on the obligations of states to avoid statelessness as they deprive a person of nationality (by executive act) or provide for its loss (automatic, if certain conditions are fulfilled).
A chamber of the German Constitutional Court decided a case concerned with access to German citizenship for a descendant of a Jewish German who had been stripped of his German citizenship by the Nazis. The chamber decision finds that a long established, narrow naturalisation practice vis-à-vis the offspring of those who have been robbed their German nationality by the Nazis is unconstitutional.
A European Union citizen by birth and nationality has found herself stateless at the request of the Republic of Austria.
The case C-118/20 JY v. Wiener Landesregierung, concerning the revocation of a guarantee of the grant of Austrian nationality, is more than a case on loss of EU citizenship. It is the first case where the CJEU will have to rule on the acquisition of EU citizenship.
Our new study shows that, as of January 2020, all but two of the 28 Member States grant citizenship to children born in the State who would otherwise be stateless, and that such provision has expanded slightly. Yet only eleven Member States grant such children citizenship unconditionally and automatically.
When it comes to investment migration, the pandemic has underscored the key differences between citizenship by investment and residence by investment, so often treated together – even conflated – in the literature, as well as the distinction between citizenship and mere passports. It also raises questions about how supply and demand will transform in this unusual market. What does the pandemic mean for millionaire mobility through investment migration?
