Part II. European Law on Nationality and Statelessness The work of the CoE regarding nationality is part of its promotion of the values of human rights, democracy and the rule of law. A closer look reveals that this work is closely related to the functioning and coordination of (national) legal systems. “In fact, the very values which the Council of Europe supports and promotes, as well as the recent drastic expansion of the membership of the Council, contribute to the increasing need of co-ordination in determining who is the national of which State or, perhaps, which States. This need for co-ordination becomes crucial in situations when incompatible nationality legislation in two or more States might create problems for individuals and pose a threat to democratic stability”.505 This demonstrates that democratic stability and the need for coordination in nationality matters are seen to be connected. After all, a democratic state needs people to function. Furthermore, it shows that there is an understanding within the CoE that nationality matters, and issues related to it, such as statelessness, are not solvable without cooperation and coordination. Indeed, the CoE has proven that it can provide a platform for these activities, which can be seen throughout this chapter. At the same time, it should be remembered that this statement was made in the late ‘90s. In the 1990s, a number of Eastern European states, including successor states of the USSR and the Socialist Federal Republic of Yugoslavia (SFRY), in which questions and problems concerning nationality matters arose, became members of the CoE. In that sense, there was an immediate reason for the CoE to consider these matters. The CoE acknowledges that the right to a nationality is a fundamental right: everyone’s right to a nationality is included in the principles of the ECN, adopted in 1997.506 On nationality, different instruments have been enacted, some of which explicitly address statelessness. Indeed, the ECSS, adopted in 2006, explicitly addresses statelessness in the state succession context. A ‘stateless person’ in the CoE context aligns with the international definition of the 1954 Convention – the explanatory reports to the ECN and the ECSS both make reference to the international definition when defining statelessness.507 The efforts of the CoE on nationality matters are, however, not as new as the dates of these treaties may suggest. There are further treaties and other legal instruments that consider nationality and statelessness. These are introduced more elaborately in paragraph 3.2.2. The CoE does not include the right to a nationality in its important and authoritative human rights instrument: the ECHR. However, that does not mean that nationality matters have not been considered in jurisprudence in relation to this instrument 505 506 507 100 Hans Christian Krüger (Deputy Secretary General of the CoE), ‘Opening Speech’ in CoE, 1st European Conference on Nationality: Trends and Developments in National and International Law on Nationality – Proceedings (Strasbourg, 18–19 October 1999, CONF/NAT PRO 1) 9. Art 4 ECN. CoE, Explanatory Report to the European Convention on Nationality (Strasbourg, 6 November 1997, CETS No. 166) para 33; CoE, Explanatory Report to the Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession (Strasbourg, 19 May 2006, CETS No. 200) para 9. Intersentia