Kingdom. Andorra, Cyprus, Estonia, France, Greece, Lithuania, Malta, Poland, San Marino,
Slovenia, and Switzerland have not yet acceded to this treaty.
69.
Seven of the member states of the Council of Europe made in accordance with Article
8 (3) a declaration to retain the right to deprive a person of nationality based on behaviour
seriously prejudicial to the vital interests of the state even with statelessness as result.
70.
On request of the European Migration Network, five member states of the European
Union indicated why they did not intend to accede to the 1961 Convention20.
-
-
Estonia pointed out that their Citizenship Law is partially in conflict with the
Convention. 21
France wishes still to retain the possibility of withdrawing French nationality if
considered necessary. 22
Malta considered that Maltese legislation already incorporates some of the major
provisions of the 1961 Convention; however, a decision on accession, based on full
consideration of the impact of the Convention, is still to be taken.
Poland considered that accession would put stateless persons in a privileged
position in comparison to foreigners already legally residing in Poland.
Slovenia has reservations about the application of article 12 of the 1961 Convention
in regards with article 1. However, their current legislation contains most of the
provisions of the Convention and under certain circumstances provides easier
conditions for the acquisition of citizenship.
71.
The UNHCR issued guidance on the interpretation and implementation in practice of
the 1961 Convention through the UNHCR Guidelines on Statelessness No. 4 - Ensuring Every
Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the
Reduction of Statelessness and the UNHCR Guidelines on Statelessness No. 5 - Loss and
Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of
Statelessness.
Council of Europe standards and guidance in the field of nationality law
72.
The 1997 European Convention on Nationality provides clear rules regarding the
acquisition and loss of nationality (with special attention to the reduction of cases of
statelessness), including rules on procedures. It also contains rules on the military service
obligations of persons with multiple nationality. The European Convention’s detailed
20
See EMN Inform 2020, Statelessness in the European Union.
Estonia considers that Estonian citizenship law is based on the ius sanguinis principle and the
convention foresees granting citizenship to a person born in its territory who would otherwise be
stateless (ius solis). However, according to UNHCR, the 1961 Convention does not prescribe which
mode of acquisition states parties should adopt.
22 France sought initially to retain the possibility of withdrawing French nationality if considered
necessary. The law of 16 March 1998 on nationality has a provision which prohibits any decision of
deprivation of nationality if this implies that the person becomes stateless.
21
23