Flüchtlingssteuerungsrecht: Auf der Suche nach der verlorenen Souveränität

The Human Right to Citizenship

“…This book pursues theoretical, doctrinal legal research based on a humanrights approach.32 The relevant existing legal standards on nationality are identified, examined in their historical and current context, and thoroughly evaluated in order to identify the rights of individuals and the corresponding 29 See on the link between citizenship and constitutions Jo Shaw, The People in Question: Citizens and Constitutions in Uncertain Times (Bristol University Press 2020). 30 Namely forms of quasi-citizenship, permanent residency or denizenship which entail certain rights that traditionally were reserved for citizens. 31 I acknowledge the risk that easing the rules for accessing citizenship might move the pressure of migration control to the physical borders to prevent non-citizens from accessing the territory in the first place.…”

“…511 See on the practice of declarations to Article 8(3) 1961 Convention also Boekestein and de Groot (n 123). 512 Partial Award -Civilians Claims: Eritrea's Claims 15,16,[23][24][25][26][27][28][29][30][31][32] Statelessness is an important element in the determination of whether deprivation is proportionate and thus lawful.520 States have an obligation to prevent statelessness from occurring.521 This obligation, combined with the severity of interfering with the rights of the individual, will usually outweigh any possible legitimate public interest. Thus, a deprivation of nationality resulting in statelessness will hardly ever be proportionate and will usually lead to an arbitrary deprivation of nationality.…”

“…Specifically, mass denationalizations will often not be based on individual decisions and therefore not meet the requisite procedural standards.552 Because of this disregard of due process guarantees mass denationalizations amount to arbitrary deprivation of nationality and per se violate the right to nationality. This understanding is mirrored in the award of the Eritrea Ethiopia Claims Commission of 2004, which found that the denationalization of about 50'000 Eritrean-Ethiopian dual nationals was arbitrary, as the persons concerned were not individually identified and had no apparent possibility of review or appeal.553 Claims 15,16,[23][24][25][26][27][28][29][30][31][32]) para 75.…”

“…children 112, 300-301 confiscation of documents 163 discriminatory 119-120, 125, 132-133, 194, 287ff., 292-294 expulsion 298-300 legitimate aim 291, 314-316, 392- 34-35, 82-83 disability 121ff. discretion 29, 32, 129-130, 311-312, 340, 388-390, 394- [30][31]332ff.,149,[192][193][194][195]248, legal identity 140 legal persons 218-219 loss of nationality 32-33, 286ff. deprivation 32, 286ff.…”

Domaine Réservé?

“…The interplay of internal and external sovereignty shows that sovereignty cannot mean unfettered, discretionary power.28 Rather sovereignty denotes the legal authority of states to govern certain questions.29 It is a legal power within a certain framework -the framework of international law -and as such it is a relative and dynamic concept. 30 It is relative because it depends on the scope of international law and the margin that is left to states' internal jurisdiction. It is dynamic because it changes over time, in parallel to the development of international law.…”