Nationality and European citizenship: consequences of the independence of a part of a member state. Guayasén Marrero González

Transcription

1 Nationality and European citizenship: consequences of the independence of a part of a member state Guayasén Marrero González

2 Research topic

3 Research topic State succession Nationality law

4 Research topic State succession European Union Nationality law EU citizenship

5 Research topic?

6 Research topic State succession European Union Nationality law EU citizenship Influence of EU law

7 Research topic

8 Research topic

9 International Law EU Law Domestic Law

10 International Law Defining the international legal framework within the independence process in which the new state can act and the remaining state can react

11 International Law European Convention on Nationality Convention on the Avoidance of Statelessness in Relation to State Succession European Convention on Human Rights?

12 International Law Declaration on the Consequences of State Succession for the Nationality of Natural Persons Draft Articles on Nationality of Natural Persons in relation to the Succession of States

13 EU Law Membership Lack of specific European provisions applicable to such a situation Automatic accession?

14 EU Law When a part of the territory of a Member State ceases to be a part of that state, e.g. because the territory becomes an independent state, the treaties will no longer apply to that territory. In other words, a newly independent region would, by the fact of its independence, become a third country with respect to the Union and the treaties would, from the day of its independence, not apply anymore on its territory. Romano Prodi

15 EU Law It [joining the European Union] is a procedure of international law. A state has to be a democracy first of all and that state has to apply to become a member of the European Union and all the other Member States have to give their consent. A new state, if it wants to join the European Union, has to apply to become a member of the European Union like any state. In fact I see no country leaving and I see many countries wanting to join. José Manuel Durão Barroso

16 EU Law If a part of the territory of a Member State ceases to be a part of that state because that territory becomes a new independent state, the treaties will no longer apply to that territory. In other words, a new independent state would, by the fact of its independence, become a third country with respect to the Union and the treaties would, from the day of its independence, not apply anymore on its territory. Herman Van Rompuy

17 Independence Exit EU Non EU citizens

18 Remaining in the EU Independence EU citizens

19 Completely deprivation of rights flowing from the EU citizenship status?

20 Completely deprivation of rights flowing from the EU citizenship status? Kurić and others v Slovenia, 26 June 2012 (Application no /06)

21 Kurić and others v Slovenia Independence (1991) Aliens Act Erasure Illegal residents Violation of Article 8 ECHR

22 Kurić and others v Slovenia Permanent residence

23 Domestic Law Influence of EU law and case law on the design of both the predecessor and the successor states nationality acts.

24 Thanks for your attention!