Part II. European Law on Nationality and Statelessness
3.2.4. CONCLUDING R EMAR KS
Since the CoE was founded in 1949, the organization has come a long way – not only
in a general sense, but also as regards statelessness and nationality in particular.
Developments in the 1990s – the end of the Cold War with new states emerging and
becoming members of the CoE – have sparked standard setting on nationality. The key
instruments for preventing and solving statelessness in Europe were adopted from that
moment in time onwards: the ECN and the ECSS, as well as two Recommendations
of the CM – on the avoidance and reduction of statelessness and on the nationality
of children. But developments relevant to preventing and solving statelessness can
also be found in the CoE’s protection of human rights and minorities. One of the
key instruments in that regard remains the ECHR666, as new case law regarding
nationality matters continues to emerge. Indeed, it was also here, that in the 1990s –
after the end of the Cold War and with standards being adopted in CoE context – more
developments on nationality could be seen. After the 2009 Recommendation of the CM
on the nationality of children, legislative efforts in the field of nationality were marked
‘completed’ by the CoE, as evidenced by the ‘completed activities’ of the responsible
organ, the CDCJ. However, the CDCJ has taken on ‘statelessness’ as a new topic of
concern, trying to promote CoE standards in this field. Given the activities that the
CDCJ still aims to undertake in this field, some further guidance on statelessness issues
may be expected, which might in turn, like it did for nationality, also have a broader
influence on the interpretation and implementation of existing CoE instruments,
including ECHR jurisprudence for instance.
3.3. PR EVENTING AND SOLVING STATELESSNESS
Th is section provides a thematic analysis of the key instruments of the CoE on
nationality and statelessness for their contribution to preventing and solving
statelessness. The fi rst paragraph analyzes measures aimed at preventing and
solving childhood statelessness, and the second paragraph examines norms
concerning solutions to confl icts of nationality law and preventing loss / deprivation
of nationality. In the third paragraph, the spotlight is on standards regulating
nationality matters in cases of state succession. The fourth paragraph considers legal
norms aimed at the acquisition of a nationality for people who became stateless in
Europe in the past and remain stateless today and/or who arrive in Europe stateless.
Provisions ensuring non-discrimination in nationality matters are discussed in
the fi ft h paragraph, and the section is concluded with a summary and concluding
observations.
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See also section 3.3.
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