Civis Europaeus sum? : Consequences with regard to nationality law and EU citizenship status of the independence of a devolved part of an EU member state /

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Bibliographic Details
Author / Creator:	González, Guayasén Marrero, author.
Imprint:	Nijmegen : W.L.P. (Wolf Legal Publishers) ©2016.
Description:	xiii, 281 pages ; 24 cm
Language:	English
Subject:	Citizenship -- European Union countries. Citizenship. Europe -- European Union countries.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11014466

Hidden Bibliographic Details
ISBN:	9789462403413 9462403414
Notes:	Includes bibliographical references (pages 221-234).
Summary:	Civis europaeus sum? Am I a citizen of the Union? This question, which is the cornerstone of this thesis, is also the question that people affected by an eventual State succession within an EU Member State need an answer to. The link between the nationality of an EU Member State and citizenship of the Union is, as it stands now, unbreakable. One cannot claim the enjoyment of the latter without holding the nationality of an EU Member State. Thus, those who, due to the operation of the State succession and the rules enacted in that context regarding nationality, lose the nationality of the predecessor-EU Member State cannot invoke "civis europaeus sum". From the outset, individuals who lose the nationality of an EU Member State would lose EU citizenship and the rights attached to it. However, whilst EU citizenship is still not autonomous from Member State nationality, certain rights associated to the residence in both the potential newly independent States and the EU Member States can be frozen as an interim solution until such times as the former has completed the EU accession process.

Table of Contents:

Acknowledgements
Table of contents
List of abbreviations of international treaties, protocols and recommendations
Other abbreviations
Glossary of Latin terms
Glossary of legal terminology related to State succession
Chapter 1. Introduction
1. State Succession "within" the European Union
2. Research Questions
3. Scope
3.1. Nationality Law
3.2. Territorial Scope
3.3. Personal Scope
4. Methodology and Structure
5. Concluding Remarks
Chapter 2. State Succession and Nationality in International Law
1. State Succession: General Overview
1.1. Brief Notes on Statehood
1.2. State Succession
2. Self-De termination
3. Membership of International Organisations
4. Automatic State Succession to Human Right Treaties
5. State Succession and its Effects on Nationality of Natural Persons: The attribution of Nationality upon Independence
5.1. UN - International Law Commission
5.2. Council of Europe
6. The Decolonisation Process
6.1. Spain
6.1.1. Ifni
6.1.2. Equatorial Guinea
6.1.3. Western Sahara
6.2. Belgium
6.3. The United Kingdom
6.4. Identified Patterns
7. Concluding Remarks
Chapter 3. State Succession in the EU: Catalonia, Flanders and Scotland
1. Introduction
2. Catalonia
3. Flanders
4. Scotland
5. Referenda, Consultation, Electoral rights and First Determination of nationals (Catalan, Flemish and Scottish proposals)
5.1. Catalonia
5.1.1. Eligibility to Vote in the Independence Query
5.1.2. Eligibility for Catalan Nationality ab initio in a Potential New Catalan State
5.2. Flanders
5.2.1. Introductory Remarks on an Independence Query in Flanders
5.2.2. Eligibility for Flemish Nationality ab initio in a Potential New Flemish State
5.3. Scotland
5.3.1. Eligibility to Vote in the Independence Query
5.3.1. Eligibility for Scottish Nationality ab initio in a Potential New Scottish State
6. Concluding Remarks
Chapter 4. State Succession in the EU. EU Citizenship and Nationality Law
1. Introduction
2. EU citizenship vs. Member State Nationality
3. CJEU case law
3.1. Mario Vicente Micheletti and Others v Delegación del Gobierno en Cantabria
3.2. The Queen and Secretary of State for the Home Department v Manjit Kaur
3.3. Kunqian Catherine Zhu, Man Lavette Chen v Secretary of State for the Home Department
3.5. Janko Rottmann v. Freistaat Bayern
4. Maltese Citizenship-for-Sale Programme
5. Concluding Remarks
Chapter 5. State Succession and the Right to Reside Permanently
1. The Kuric doctrine
1.1. The Facts of the Case
1.2. Proceedings before the Third Section
1.3. Proceedings before the Grand Chamber
2. Applying the Kuric Doctrine in a State Succession Scenario "within" the EU
3. Right to Reside as a Non-EU Member State National in an EU Member State upon Independence
3.1. The Specific Case of Former British nationals residing in the UK
4. Right to Reside in the Newly Independent States
4.1. Nationals of the Predecessor State and EU citizens residing in the Newly Independent State
4.2. TCNs residing in the Newly Independent State
5. Remarks on the Position of Minors
6. Concluding Remarks
Chapter 6. Conclusions
Bibliography
Treaties, legislation, reports and other documents
United Nations documents
Council of Europe documents
Multilateral treaties: varia
Bilateral treaties
Other documents
EU law
Other EU related documents
Domestic law
Belgium
Canada
Congo
France
Malta
Slovenia
Spain
United Kingdom
Case law
PCIJ
ICJ
EU
ECtHR
Inter-American Court of Human Rights
International Criminal Tribunal in relation to the former Yugoslavia
Domestic courts
Summary
Resumen
Samenvatting
Valorisation Addendum
1. Societal Relevance of this Thesis
2. Target Groups for the Research Results
3. Innovative Character of this Thesis
4. Concrete Products, Services, Processes and Activities into which the Research Results will be translated and shaped
5. Implementing the Research Results
Resumé

Civis Europaeus sum? : Consequences with regard to nationality law and EU citizenship status of the independence of a devolved part of an EU member state /

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