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S. POGONYI
Recommendations acknowledge that states ‘may take preferred linguistic competencies
and cultural, historical or familial ties into account in their decision to grant citizenship to
individuals abroad’, unless non-resident citizenship is issued en masse (Bolzano/Bozen
Recommendations on National Minorities in Inter-State Relations | OSCE, n.d., pt. art.
III. para. 11). As a novelty, the Explanatory Report citing (and overstretching) the Nottebohm case explains that states should ‘refrain from granting citizenship without the
existence of a genuine link between the State and the individual upon whom it is conferred’ (Nottebohm Case (Liechtenstein v. Guatemala); I.C.J 1955. 4. No. 18., n.d.; Peters,
2010; Sloane, 2008).
In the HCNM’s 2012 Ljubljana Guidelines on Integration of Diverse Societies, the
requirement of a genuine link recurs in a somewhat different context. According to this
document, ‘citizenship should be based on a genuine link of the individual to the
State’ (Ljubljana Guidelines on Integration of Diverse Societies | OSCE, n.d., para. 33.). It
is also mentioned that international law limits states’ discretionary powers in citizenship
policies, ‘including prohibiting discrimination when conferring citizenship’ (Ljubljana
Guidelines on Integration of Diverse Societies | OSCE, n.d., para. 33.). While in the
Bolzano Recommendations there was no indication of the possible interpretation of
the normative principle, the Ljubljana Guidelines suggest that identity or residency can
be regarded as legitimate proof of a genuine link between an individual and a state (Ljubljana Guidelines on Integration of Diverse Societies | OSCE, n.d., para. 32.). It is acknowledged that in addition to the ‘social dimension’, citizenship has an important symbolic
value both for the state and the individual: ‘[i]t is a tangible signal of common belonging
and of shared core values for both the holder of citizenship and the State granting it’
(Ljubljana Guidelines on Integration of Diverse Societies | OSCE, n.d., para. 32.). All of
this suggests that genuine links entail either social bonds or symbolic ties between a
citizen and the state.
The Ljubljana Guidelines thus encourage states to facilitate the naturalization of individuals who have only symbolic, identitarian ties to the state. ‘The integration of society is
facilitated by inclusive citizenship policies and rules that aim to welcome rather than
exclude those who have a sense of belonging to that society.’ (Ljubljana Guidelines on
Integration of Diverse Societies | OSCE, n.d., para. 32.) Due to this recognition of the subjective ‘sense of belonging’ as valid proof of genuine links, the Ljubljana document, probably contrary to its initial aims, opens up further possibilities for the naturalizing of
individuals who have only symbolic ties rather than meaningful and tangible social
attachments to the state. In line with the formulations of the ECN, the Ljubljana Guidelines
stress the importance of non-discrimination, but add that the ‘facilitated acquisition of
citizenship due to descent or place of birth’ should be considered a justified distinction.
(Ljubljana Guidelines on Integration of Diverse Societies | OSCE, n.d., para. 32.). The Guidelines further expand legitimate favorable admission policies which can be used to include
non-resident ethnic kin populations. In the document, the importance of non-discriminatory practices is mentioned only in connection with resident minorities. In the case of nonresident ethnic kin, however, preferential treatment is left unchallenged. The Ljubljana
Guidelines state that the naturalization of non-resident individuals may be grounded
not only in ‘preferred linguistic competencies’ but also in ‘cultural, historical or familial
ties’ (Ljubljana Guidelines on Integration of Diverse Societies | OSCE, n.d., para. 36.).
One can speculate that if the Europeanization of citizenship laws proceeds along the