Part I. Introduction and Context
war was not only felt internationally. It was also felt in Europe, at the regional level, as
can be seen in paragraph 2.5 below.
2.5. (RE)BUILDING EUROPE AND NATIONALITY MATTERS
Within Europe, cooperation for stability and peace was sought at the regional level. This
resulted in the establishment of the two organizations studied here: the CoE and the EU,
i.e. initially the European Communities. In this section, the first steps that were taken
to enact these organizations are considered with a particular focus on their relevance
and instruments regarding nationality and statelessness.
The CoE was, of the two organizations focused on, the first one to be established,
in 1949 by the Treaty of London. This organization was founded on the values of
human rights, rule of law and democracy.414 The genesis of the CoE was “part of a
Europe-building process which began soon after 1945”.415 It was the outcome of hard
negotiations by ‘federalist’416 and ‘unionist’417 Europeans418 and was heavily influenced
by the Cold War and a “new pattern of international relations based on two superpowers
– the United States and the Soviet Union”.419
Important with regard to developments leading up to the establishment of the
EU is that a deeper form of cooperation was sought between six European countries
– Belgium, France, Germany, Italy, Luxembourg and the Netherlands – as regards
economic matters in the European Coal and Steel Community (ECSC) based on the
Schuman Declaration of 1950. In 1957, this specific economic cooperation concerning
coal and steel is supplemented with respect to other economic sectors by the
introduction of the European Economic Community (EEC) with the aim of ensuring
that goods, services and people can move freely across the borders of the member
states420, as well as the European Atomic Energy Community (Euratom).
In terms of (legal) responses to some of the challenges faced with regard to nationality
and statelessness, we see that the focus on the European regional level is on seeking
cooperation between states and rebuilding Europe together. Legal instruments therefore
focus on making this (economic) cooperation available, as well as on the establishment
414
415
416
417
418
419
420
76
See also the Statute of the Council of Europe Statute of the Council of Europe (Statute of the CoE, as
amended, London, 1949, CETS No. 1).
Birte Wassenberg, History of the Council of Europe (Council of Europe Publishing 2013) 14.
The federalists wanted a supranational organization that had serious political powers.
The unionists preferred intergovernmental cooperation and a confederal union.
Anita Prettenthaler-Ziegerhofer, ‘A Stopover on the Way to a United Europe: On the Creation of the
Council of Europe’ in Renate Kicker (ed), The Council of Europe – Pioneer and Guarantor for Human
Rights and Democracy (Council of Europe Publishing 2010) 9–13; Birte Wassenberg, History of the
Council of Europe (Council of Europe Publishing 2013) 20–21.
Birte Wassenberg, History of the Council of Europe (Council of Europe Publishing 2013) 19. On historical
developments in Europe in different fields (political, economic, cultural, etc.) after 1945, see for instance
Mary Fullbrook, Short Oxford History of Europe. Europe Since 1945 (Oxford University Press 2001).
For an overview of the European integration, see eg Desmond Dinan, Ever Closer Union. An
Introduction to European Integration (4th ed, Palgrave Macmillan 2010).
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