Part II. European Law on Nationality and Statelessness European Convention on Nationality The European Convention on Nationality (ECN) is the treaty of the CoE on nationality. The ECN was born out of the CoE’s desire “to consolidate in a single text the new ideas which have emerged as a result of developments in internal law and in international law”.525 At the same time, the treaty attempts to also contribute to the developments in international law regarding nationality. The ECN opened for signature on November 6, 1997 and entered into force on March 1, 2000. As it stands in January 2022, the ECN has been ratified by 21 European states, with the majority of these states making reservations and/or declarations. The most recent addition to the states parties to the ECN is Luxembourg, which ratified the treaty in 2017. Another eight states have signed the ECN, but never ratified it.526 Besides the 1963 CoE Convention, other efforts regarding nationality of the CoE, including recommendations, as well as the increase in international legal provisions relating to nationality were reasons for the adoption of a general European treaty on nationality.527 An inquiry was even launched in 1988 in order to investigate whether the right to a nationality could be introduced by adding it to the ECHR or by any other means.528 As discussed in paragraph 3.2.3 as well, adding a protocol on this subject to the ECHR was rejected, but in light of the results of a questionnaire on this matter, the idea of a stand-alone treaty was explored further. This indeed led to the adoption of such a convention.529 In view of its aim, the ECN drew inspiration from and attempted to integrate a number of international treaties that contain standards regarding nationality, including Article 8 of the ECHR.530 Against this background, it was believed that the ECN could not only achieve “some harmonization” regarding the rules relating to the acquisition and loss of nationality, but could also – in particular for the “new democracies in Eastern Europe since 1989” – provide basic provisions in the area of nationality.531 525 526 527 528 529 530 531 104 CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 11. CoE, ‘Chart of Signatures and Ratification of Treaty 166 – European Convention on Nationality’ <www.coe.int/en/web/conventions/full-list/-/conventions/treaty/166/signatures?p_auth=D4IQ7AR9> accessed 26 May 2021. CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 11. Mónika Ganczer, ‘The Right to a Nationality as a Human Right?’ (2014) Hungarian Yearbook of International Law and European Law 15–33, 22; Hans Ulrich Jessurun d’Oliveira, ‘Het Europees Verdrag inzake Nationaliteit, Straatsburg, 6 november 1997. Een verkenning’ in Hans Ulrich Jessurun d’Oliveira (ed), Trends in het nationaliteitsrecht. Nationaal en Internationaal [Trends in Nationality Law. National and International] (Sdu Uitgevers 1998) 7–47, 8. In more depth, see Johannes Chan, ‘The Right to a Nationality as a Human Right. The Current Trend towards Recognition’ (1991) 12 Human Rights Law Journal 1–14, 7–10. Hans Ulrich Jessurun d’Oliveira, ‘Het Europees Verdrag inzake Nationaliteit, Straatsburg, 6 november 1997. Een verkenning’ in Hans Ulrich Jessurun d’Oliveira (ed), Trends in het nationaliteitsrecht. Nationaal en Internationaal (Sdu Uitgevers 1998)7–47, 8. See Preamble ECN, see also para 3.2.3. Gerard-René de Groot, ‘The European Convention on Nationality: A Step towards a Ius Commune in the Field of Nationality Law’ (2007) 7 Maastricht Journal of European and Comparative Law 117, 119. Intersentia