Part II. European Law on Nationality and Statelessness
Each of the (key) instruments is analyzed in a similar manner, studying the
instrument and explanatory background documents and, where appropriate, case
law and/or related legal documents, as well as literature and commentaries from
academics and, if relevant and as a complementary source, studies from civil society
organizations and other institutions. An important source that is used to provide more
background to the provisions of CoE treaties are the associated explanatory reports.
Note that explanatory reports of the CoE are drafted by the committee of experts
that was also responsible for a draft of the respective treaty. They are published with
the convention when it is adopted by the Committee of Ministers (CM). Explanatory
reports are not an authoritative interpretation of the treaty they concern, but could
facilitate the interpretation and implementation of the provisions of the convention. As
such they provide a good background to any CoE treaty.488 The CoE legal instruments
are available on the CoE website through the Treaty Office489, and for specific
recommendations and resolutions of the Parliamentary Assembly (PACE) and the CM
relating to nationality and statelessness separate searches were also conducted in the
databases with documents of the respective bodies.490 All literature is selected based on
their relevance and quality.
This chapter first explores more generally the different instruments, actors and
trends in relation to nationality and statelessness in the CoE in section 3.2. Section 3.3
provides a deeper analysis of the relevant legal instruments on preventing and solving
statelessness, in line with the analytical framework as developed in earlier chapters.
As such, the aspects of the different instruments relating to childhood statelessness;
conflicts of nationality law, or loss or (arbitrary) deprivation of nationality; the right
to a nationality and acquisition of nationality; nationality matters and statelessness
in relation to state succession; and non-discrimination are considered thoroughly.
Concluding remarks on the contribution of European law made by the CoE to the
prevention of and solutions to statelessness can be found in section 3.4, which also
reflects on how these observations help us to understand the legal concept of nationality
today.
488
490
See CoE, ‘About Conventions in the Council of Europe Treaty Series (CETS)’ <www.coe.int/en/web/
conventions/about-treaties> accessed 24 May 2021.
CoE, ‘Treaty Office’ <www.coe.int/en/web/dlapil/treaty-office> accessed 24 May 2021.
CoE, ‘Committee of Ministers – Documents’ <www.coe.int/en/web/cm/documents> accessed
24 May 2021; CoE, ‘Parliamentary Assembly – Documents’ <https://pace.coe.int/en/pages/officialdocuments> accessed 24 May 2021. Key words and subjects that were used for instance: nationality,
stateless person, stateless, statelessness.
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Intersentia
489
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