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ElectronicjournalofcomparatiVeLa,vol.8.3(october2004),<http://www.ejcl.or Member States regulate the grounds for acquisition and loss of nationality a)violating the obligation of solidarity(Gemeinschaftstreue). A violation of this principle laid down in Article 10 EC could be observed if a Member State were to grant its nat ionality to an important part of the population of a non-EU Member State, without prior consultation with Brussels 55 The same holds true for the situation in which a member State issues a declaration regard ing the determination of nationals for Community purposes, with the inclusion of an important part of the population of a non-EU Member State, without previously consulting Brussels If, for instance, the Netherlands were to suddenly grant Netherlands nationality to the entire population of Surinam or an important part thereof, it could be argued that this would constitute a violation of the obligation of solidarity. 56 Nevertheless, much depends, of course, on the reaction or non-reaction of the other member States and the commission The recent history of UK nationality law offers three examples of extend ing British citizenship(and therefore European citizenship) to(part of)the population of a non-European territory. During the Falklands war, an Act of Parliament57 was passed granting British national ity to all British Dependent Territories Citizens living on the Falkland islands who had not been European citizens, with the exception, perhaps, of those who were also Argentinean through Italian descent ) Shortly before the transfer of the territory of Hong Kong to China, part of the population of Hong Kong was granted the right to opt for British citizenship. 58 More recently, on 21 May 2002, most British Overseas Territories Citizens became European citizens through their being granted British citizenship 9 In none of these instances did the European Commission or other Member States voice protest, nor did the amendments of the treaties on dual nationality, concluded between Spain and Latin American countries, which entitled persons of dual Spanish-Latin American nationality to apply for a Spanish passport, lead to protests Nevertheless, it cannot be precluded that in extreme circumstances a Member State will violate the obligation of solidarity by a surprising grant of their nationality. Kotalakidis poses the question what the reaction of the Commission and the other Member States would have been had Cyprus not been accepted as a member State and greece -as a reaction to that anhand des Unionsrechts uberpruft werden.. Compare also Kotalakidis(2000),p. 316 See Hall(1995), pp. 64-73, who also pays attention to the procedures that need to be followed if duties im posed by Article 10 have been violated This example has not been invented at my desk. Prime Minister Lubbers of the Netherlands made this suggestion as a political possibility'in a speech held in 1992. An advantage of such an extension of Netherlands nationality would be that Netherlands nationals with ties with Surinam would perhaps take the decision to re-emigrate to Surinam more readily. On this proposal, see also Kotolakidis(2000), p. 299 British Nationa lity(Falkland Islands) Act 1983 British Nationality(Hong Kong) Act 1997 See section 3 above Kotalakidis(2000),p. 299Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 12 Member States regulate the grounds for acquisition and loss of nationality: a) violating the obligation of solidarity (Gemeinschaftstreue). A violation of this principle laid down in Article 10 EC could be observed if a Member State were to grant its nationality to an important part of the population of a non-EU Member State, without prior consultation with Brussels.55 The same holds true for the situation in which a Member State issues a declaration regarding the determination of nationals for Community purposes, with the inclusion of an important part of the population of a non-EU Member State, without previously consulting Brussels. If, for instance, the Netherlands were to suddenly grant Netherlands nationality to the entire population of Surinam or an important part thereof, it could be argued that this would constitute a violation of the obligation of solidarity.56 Nevertheless, much depends, of course, on the reaction or non-reaction of the other Member States and the Commission. The recent history of UK nationality law offers three examples of extending British citizenship (and therefore European citizenship) to (part of) the population of a non-European territory. During the Falklands war, an Act of Parliament57 was passed granting British nationality to all British Dependent Territories Citizens living on the Falkland Islands (who had not been European citizens, with the exception, perhaps, of those who were also Argentinean through Italian descent). Shortly before the transfer of the territory of Hong Kong to China, part of the population of Hong Kong was granted the right to opt for British citizenship.58 More recently, on 21 May 2002, most British Overseas Territories Citizens became European citizens through their being granted British citizenship. 59 In none of these instances did the European Commission or other Member States voice protest, nor did the amendments of the treaties on dual nationality, concluded between Spain and Latin American countries, which entitled persons of dual Spanish-Latin American nationality to apply for a Spanish passport, lead to protests. Nevertheless, it cannot be precluded that in extreme circumstances a Member State will violate the obligation of solidarity by a surprising grant of their nationality. Kotalakidis60 poses the question what the reaction of the Commission and the other Member States would have been had Cyprus not been accepted as a Member State and Greece - as a reaction to that anhand des Unionsrechts überprüft werden . . .’ Compare also Kotalakidis (2000), p. 316. 55 See Hall (1995), pp. 64-73, who also pays attention to the procedures that need to be followed if duties imposed by Article 10 have been violated. 56 This example has not been invented at my desk. Prime Minister Lubbers of the Netherlands made this suggestion as a ‘political possibility’ in a speech held in 1992. An advantage of such an extension of Netherlands nationality would be that Netherlands nationals with ties with Surinam would perhaps take the decision to re-emigrate to Surinam more readily. On this proposal, see also Kotolakidis (2000), p. 299. 57 British Nationality (Falkland Islands) Act 1983. 58 British Nationality (Hong Kong) Act 1997. 59 See section 3 above. 60 Kotalakidis (2000), p. 299
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