One year down the road, this article evaluates the travel restrictions imposed in response to the Covid-19 pandemic, first, in the light of the rules of the Schengen acquis (controls at the internal and external borders) and, second, under the provisions on the free movement of EU citizens. It will be argued that, as often is times of crisis, the existing legal framework has proven inadequate to respond to unforeseen circumstances. The result has been the primacy of national executive action. Despite the active role of the EU institutions in coordinating national responses and bringing them in line with EU law, ultimately, more binding coordination and regulation is required to ensure legal certainty and manage mobility, especially if the coronavirus is here to stay.
Belgium with regard to municipal elections. 2 R (on the application of Chester) v Secretary of State for Justice and McGeoch v The Lord President of the Council and another (Scotland) [2013] UKSC 63.
Statelessness is a phenomenon that affects every region and almost every country of the world. However, not very many states have mechanisms in place to identify and prevent it, and protect stateless persons. This article ascertains international norms and best practices regarding the establishment and operation of a Statelessness Determination Procedure (‘SDP’), and to apply these to a future SDP in Nigeria. The requirements for an SDP are drawn from conventions, United Nations High Commissioner for Refugees instruments and state practice. In proposing an SDP for Nigeria, in this contribution we strive for the most extensive protection for stateless persons, while taking the particular legal and institutional framework of Nigeria into account. We conclude that Nigeria, and in fact any state, may want to devote particular attention to standards relating to the legality and ‘bindingness’ of the proposed SDP, to procedural access and to procedural guarantees.
In the case of Janko Rottmann, the competence of the Member State to grant and to withdrawal the nationality of their nationals is topic of debate. Does the fact that European citizenship is founded on the nationality of the Member States preclude the exercise of this competence without considering the consequences for the status and rights of Union citizenship? The Court of Justice of the EU concludes in the present case that this exercise of competences by the Member States may be limited by the principle of proportionality. In this case note this judgement is analysed, also in the context of previous case law on Union citizenship and nationality.
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