2020
Statelessness & Citizenship Review
2(1)
Employment of stateless persons as a result of being granted EU citizenship is
also capable of facilitating the naturalisation process. For instance, sufficient
knowledge of the national language is often posed as a requirement to naturalise,
but might bring associated costs with it to receive training or to take a language
test. 80 Naturally, unemployed (stateless) persons might struggle to gather the funds
and therefore be unable to acquire a nationality. Earning a wage would work
towards solving this problem. What the above intends to illustrate is that EU
citizenship, hypothetically, is capable of not only mitigating the practical problems
encountered by stateless individuals, but also of indirectly helping them attain the
‘genuine connection’ with a Member State that is necessary to eventually acquire
nationality and hence national citizenship.
Based on the above analysis, it appears that the EU — through the grant of EU
citizenship to stateless persons — can contribute to the facilitation of their
naturalisation in their state of residence. This facilitation of naturalisation does not
necessarily infringe upon the Member States’ competences and sovereign
prerogative to regulate nationality matters. While the hypothetical scenario
envisages EU competences necessary to regulate the conditions for acquisition of
EU citizenship, the EU must be cognizant and respectful of the competences of
the Member States in doing so. Competence encroachment can be avoided in this
instance, because, although the possession of EU citizenship could significantly
expedite the process of nationality acquisition, the determination of what
constitutes a ‘genuine link’ and what requirements are to be met to obtain
nationality would remain with the Member States. After all, the EU would not
demand the Member States alter their rules regarding nationality acquisition or
ease their requirements. As such, a stateless person might be granted EU
citizenship and, for instance, acquire a residence permit, but if that person does
not meet the requirements set by the Member State, they will be unable to acquire
its nationality. It must be clear that EU citizenship in such a context would not
serve as a replacement of national citizenship or nationality, but rather provides a
gateway for stateless persons to acquire nationality of one of the Member States
through channels that are generally available for anyone, such as naturalisation.
As the above has demonstrated, citizenship of the EU has the potential of
significantly alleviating several of the rights-related challenges and additional
hardships experienced by stateless persons. This analysis, however, relied upon
the assumption that the ratione personae of EU citizenship was expanded to
include a range of other beneficiaries, most notable of which are stateless
individuals. The value of EU citizenship in this context therefore derives not so
much from what it currently embodies, but rather from what it could be. It appears
that the institution of EU citizenship could be more inclusive, more respectful of
human rights, and thereby more considerate of the individual. If the aim of the EU
is to truly place the ‘individual at the heart of its activities’, and EU citizenship is
envisaged as the means of doing so, a reconsideration of the nature of the
institution as it currently stands appears to be in place.
80
Asaf Levanon and Noah Lewin-Epstein, ‘Grounds for Citizenship: Public Attitudes in
Comparative Perspective’ (2010) 39(3) Social Science Research 419; Harald Bauder,
‘Domicile Citizenship, Human Mobility and Territoriality’ (2014) 38(1) Progress in Human
Geography 91.
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