Citizenship Regulations Research Articles

Transformation of legal ideology in the field of regulation of dual citizenship in the Russian Federation

The article analyzes the dynamics of the legal regulation of dual (multiple) citizenship of the Russian Federation, which reflects the legal ideology in the emerging geopolitical situation. Scientific concepts influence the law-making process and are reflected in legal acts on citizenship. Under certain conditions, law-making decisions, in particular, on the constitutionalization of the idea of the permissibility of dual citizenship, are based on the subjectivity of legislators. Dual citizenship is destructive for the foundations of the constitutional system of Russia, since its voluntary bearer loses the quality of loyalty to his state. It is necessary to cultivate moral imperatives that are stronger than legal principles and values. Loyalty of a citizen to his state (Russia) is the most important moral imperative that requires protection from the state. The next significant legal action in this direction should be the revision of Art. 62 of the Constitution of Russia — the exclusion from it of the norm on the voluntary right to have dual citizenship.

The Divorce Mill: Mercenary Citizenship in the Twilight of the Habsburg Empire

This article analyses how wealthy men and women manipulated citizenship regimes during and after the Habsburg Empire to access the family laws most convenient for their private lives. To do this, I compare migratory divorce practices in pre-1918 Habsburg Hungary and the post-1918 Free State of Fiume. This article shows that while before 1918 it was mercenary actors who utilised legal loopholes between Austrian and Hungarian family laws and citizenship regulations to obtain divorces for the rich, after 1918 it was the impoverished, globally-isolated, mercenary postimperial state that procured the means for rich clients to buy their way out of their own state's family laws, raising questions about the relationship between the early twentieth-century postimperial world of globally dependent European successor states with today's postcolonial ‘golden passport’ system.

Dissonance Between Internal Migration and Citizenship Rights in Nepal

This paper discusses the issues pertaining to internal migration and citizenship regulations for people in Nepal, especially those concerning the vital registration rights of the citizens and their free movement across administrative boundaries. The data for this purpose is based on field work conducted in the district headquarters of Bhojpur in Eastern Nepal, where temporary migrants that had come from remote villages were interviewed. The authors delves into exploring how temporary migrants are facing exclusion from membership to self-help group and user committees which islooked upon as lack of citizenship rights conferred to them by the state. It is seen that free mobility does not always amount to extension and enhancement of citizenship rights, and, through the practice of free movement, migrants without migration registrations have been getting lesser access to social rights and civil and political entitlements.

It's not all about money: Understanding Chinese student switchers in Britain

AbstractThis study challenges the assumption that international students from the Global South migrate to advanced Western economies primarily for economic gain and social distinction. Through temporally focused interviews with Chinese student switchers in the United Kingdom, that is, migrants who moved from China for university and remain working in situ after graduation, we examine how lifestyle factors may come into play in evoking and accommodating (im)mobilities. Our findings reveal how participants' experiences before, during and after international education are narrated as an entanglement of affective and rational concerns. We highlight how their migration decisions are driven by the search for a desired lifestyle that features work–life balance and a perceived release from a work‐oriented and socially pressurized life in China. Yet, their final emplacement remains an open question due to familial responsibilities in China and Chinese citizenship regulations. The study provides an original conceptual amalgamation of student migration and lifestyle mobility, and sheds further light on the importance of life courses in international student migration literature and lifestyle mobility studies.

Marry or not for democracy and love: Dialogic framing in the Taiwan marriage equality movement and countermovement

Dialogic framing means that the frames are constructed through interaction among multiple parties in a discursive system with socio-cultural specificities. The meaning of a frame is articulated through such dialogic interaction and under constant contestation. We used the marriage equality movement in Taiwan as a case study and demonstrated how dialogic framing could advance the understanding of framing in the digital mobilization of collective actions. Analyzing Facebook posts by opposing advocacy groups, we identified “collective identity” and “rights” as two dominant frames. Marriage equality activists framed legalizing same-sex marriage as a testament to the democratic progress of Taiwan and a validation of gay and lesbian people’s right of love. The countermovement challenged this framing by arguing that equalizing gay love to heterosexual marital love violated the civil rights of the silent majority. The queer critique of marriage as state-sanctioned regulation of sexual citizenship and the very state power being critiqued are also constitutive of the dialogic framing of collective actions for or against same-sex marriage on social media.

Азаматтық институтының конституциялық-құқықтық негіздері

Мақалада Қазақстан Республикасының және шет елдердің қолданыстағы заңнамасын, азаматтық саласындағы ғылыми әдебиеттерді зерттеу және талдау негізінде азаматтық институтын құқықтық реттеудің өзекті мәселелері зерттелген. Қазақстан Республикасының Конституциясын, «Қазақстан Республикасының азаматтығы туралы» Заңды зерттеуге басты орын берілген, ал азаматтықты конституциялық-құқықтық реттеудің шетелдік тәжірибесі қарастырылған. Сонымен қатар азаматтық институттың мемлекет пен қоғамның дамуына, азаматтық қоғамның қалыптасуы үшін маңызды екендігі көрсетілген. Авторлар конституционализм теориясы мен практикасының басты мәселелерінің бірі — конституциялық азаматтық институты арқылы адамның құқықтары мен бостандықтарын дамыту және қамтамасыз ету екенін атап өткен. Мақала авторлары азаматтық ұғымын анықтап, оның конституциялық құқықтық ұйымдастыру мәні мен маңызын айқындау мәселелері бойынша негізгі көзқарастарды ұсынған. Атап айтқанда, құқықтың жалпы жаһандануы мен интернационалдануына байланысты Қазақстан Республикасының Конституциясы тұтастай алғанда конституциялық құқық дамуының әлемдік тенденцияларына сәйкес келетіндігі туралы қорытынды жасалған. Конституциялық-құқықтық заңнаманы одан әрі жетілдіру бағыттарының біріретінде конституциялық-құқықтық заңнамаға адам құқықтары жөніндегі халықаралық құқықтың жалпы танылған қағидаттары мен нормалары туралы ережені енгізу туралы ұсыныс тұжырымдалған.

Globalisation and Indonesia’s demand for dual citizenship: problems and alternatives

This paper aims to discuss Indonesia's current legal framework of citizenship following its more pervasive demand to adopt dual citizenship. It argues that several issues regarding citizenship law in Indonesia have been relatively problematic, mainly related to the change of citizenship status contentiously experienced by Arcandra Tahar, Gloria Natapraja, and Djoko Tjandra to the increasing demand for dual citizenship. On the other hand, in this context, Indonesia's diasporas have voiced this interest in legal reform, resulting in more flexible opportunities and supporting transboundary businesses, as they have encountered some challenges due to restricted citizenship regulations. Using legal research, this study showed that citizenship had become a strategic issue with far-reaching implications. While Indonesia adopts a limited scale of dual citizenship and the vigour for dual citizenship has increased, the flexibility over dual citizenship requires further study of national security and citizens' loyalty to Indonesia. This paper suggested in adopting India’s OCI model for Indonesia’s citizenship policies as ample opportunities for this country’s citizens with foreign status to continue enjoying and accessing their rights in Indonesia, except in the political field. This measure subsequently would be a step forward to adapt citizenship regulations to globalisation while still paying attention to the nationalism concern.

Citizenship In Immigration Perspective

Citizenship shows the relationship between the state and citizens. The right to citizenship is the basic right of every person. However, the state absolutely can determine the principles in determining citizenship. Indonesia has made arrangements for citizenship through Law Number 12 of 2006 regarding Citizenship of the Republic of Indonesia. This research uses normative legal analysis because the object of this research is the legislation which has permanent and binding legal force. Conceptually, Indonesia makes Pancasila as its own views, ideas, and ideals about ideal citizenship. In determining citizenship status, Indonesia adheres to the ius sanguinis principle and the ius soli principle to a limited extent. Basically, Indonesia applies single citizenship, but children can be given limited dual citizenship for the sake of fulfilling human rights and protection. With the regulation of citizenship both in national and international law, in fact there are still stateless people. Indonesia is also inseparable from the existence of stateless people. In line with the regulation of citizenship in Indonesia, Immigration is here to provide services and protection to the status of Indonesian citizenship, as well as to ensure the existence and activities of foreign nationals in the territory of Indonesia in order to guarantee the potential, dignity and worth of every person in accordance with human rights based on Pancasila and The 1945 Constitution of the Republic of Indonesia.

КОНСТИТУЦИОННО-ПРАВОВОЙ СУБИНСТИТУТ МНОЖЕСТВЕННОГО ГРАЖДАНСТВА: ПРЕДПОСЫЛКИ ВОЗНИКНОВЕНИЯ

In this article, the author examines the features of the constitutional and legal subinstitution of multiple citizenship, analyzes the social, political, legal prerequisites for the emergence of this phenomenon, the features of the regulation of multiple citizenship in individual states. Examples of successful, coordinated settlement of cases of multiple citizenship are considered and ways of possible overcoming of collisions arising in the presence of several citizenships of an individual are analyzed. In conclusion, the authors point out that the principle of effective citizenship is a universal means of preventing and eliminating cases of multiple citizenship. Its criteria are permanent residence or most frequent stay; place of work, military or public service; the place where the person actually enjoys his civil or political rights; sometimes — the location of real estate. It is rightly noted that the prevention of multiple citizenship and the elimination of such cases is carried out using both domestic and international legal means.

Problematika Hak Atas Kewarganegaraan Kehormatan Honorary Citizenship Di Indonesia: Implementasi Dan Dampaknya

The crucial problem in the context of honorary citizenship is related to the process of granting and the mechanism for obtaining special honorary citizenship status. This specificity has an impact on various important elements in regulating the citizenship of a country, both on the conditions, procedures for obtaining or granting mechanisms, to the enjoyment of the right to honorary citizenship. In Indonesia, through the presence of Law Number 12 of 2006 concerning the Citizenship of the Republic of Indonesia, the right to honorary citizenship is part of what is regulated in it. The aims of this paper include: First, to provide an analysis of the conception of honorary citizenship in citizenship law. Second, provide an analysis related to the implementation and impact of the regulation of honorary citizenship in Indonesia. Through a socio-legal approach and qualitative normative research accompanied by a comparative approach in the form of a micro comparison by looking at the substance and legal rules in detail, the results of the research are as follows: First, the concept of honorary citizenship can be seen through the dimensions of a country's citizenship regime based on legal arrangements, interests state, human rights factors and in state development, and the essential political values of a country. Second, with regard to the implementation and impact of the regulation of honorary citizenship in Indonesia, it affects 3 (three) conditions, namely (1) the conditions for obtaining honorary citizenship. (2) The authority to grant honorary citizenship. (3) In the context of losing honorary citizenship status status .

ЗМІСТ ПРАВА НА ГРОМАДЯНСТВО: ОКРЕМІ АСПЕКТИ

The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.

The Legal Interpellation of Citizens – A Constitutional Analysis

AbstractThe aim of this article is to reconstruct the legal creation of citizen subjects by applying the interpellation theory of Louis Althusser in constitutional citizenship regulations. In addition, this article uncovers the patterns of constitutionally defined rights and duties as implications of intra-constitutional subject construction, especially in relation to a political, a civil and a social dimension. For this purpose, 41 constitutions are analysed quantitatively-descriptively based on an international comparative qualitative document analysis. The study shows that constitutions, as the most fundamental legal documents at the national level, define different formal-legal qualities of citizen subjects and thus determine very specific relations between the state and its citizens. The legal citizenship regulations in national constitutions thus contribute to the stabilization of social (b)order-drawing processes to the extent that they create and secure both barriers and opportunities for individual and collective participation in society, addressing these primarily through a political and less through a civil or social legal dimension.

Expulsion and Article 20 TFEU: Some Practical and Conceptual Issues

Abstract Rendón-Marín and CS permit the limitation of Article 20 TFEU rights on the basis of public security considerations. In elaborating a legal framework for this limitation, the Court of Justice draws on the body of law developed for that purpose under Article 21 TFEU rights and Chapter VI of Directive 2004/38/EC. However, the rights enjoyed by individuals on the basis of Article 20 TFEU are qualitatively different from those enjoyed under Article 21 TFEU, a difference that is not taken into account properly in the judgments of the Court. Conceptual and practical difficulties accordingly emerge. The judgments also reveal the increasing imbrication between Union law and national law in the regulation of citizenship and territory in the Union.

Crossing borders: the intersectional marginalisation of Bulgarian Muslim trans*immigrant sex workers in Berlin

ABSTRACT Bordering situates immigrant sex workers at the margins of an already marginalised industry and naturalises the legal conditions of their dispossession and precarity. Drawing on ethnographic fieldwork in Berlin, we offer a situated intersectional analysis of the everyday bordering experiences of Muslim trans*immigrant sex workers from Bulgaria (hereafter TISWs). Focusing on three interactional contexts – minority belonging within EU and German politics, encounters with medicolegal institutions, and the new sex work regulation in Germany – our study demonstrates both that everyday bordering experiences derive not solely from national border enforcement and citizenship regulation but also from intersectional sociocultural barriers imposed by non-state actors, while the internal bordering practices of the German state exacerbate the exclusion and marginalisation of sex/gender transgressive people and sex work. We conclude that despite their physical existence as EU citizens in Berlin, TISWs’ everyday bordering experiences require a more nuanced understanding of intersectional systems of oppression which postpones TISWs’ arrival in Berlin indefinitely.

Royal Interventions in the Public Discourse on Immigration: Rhetorical Topoi on Immigration in the New Year’s Speeches of the Scandinavian Monarchs

This paper explores how the Scandinavian monarchs work through the issue of immigration in their New Year’s speeches during the years 1972–2017. Exploring immigration debate through the royal speeches provides new understanding of the issue, because the opinions of the monarch are supposed to be apolitical. Royal rhetoric is expected to embrace the whole nation, and not evoke debate. Thus, the New Year’s speeches, offer a unique insight into how identity and immigration are worked through and negotiated nationally. Comparing Denmark, Norway and Sweden is particularly revealing, because these countries share dominant traits and circumstances such as religion, institutional and political systems, common history, party dominance, size and more. In spite of this, they differ significantly in the way they deal with citizenship regulation and the way they debate immigration. Exploring how the royal speeches use different topoi and constitute nationhood and immigrants, provide an understanding for the values and moral foundations that the differences in rhetoric and regulation is built on. The study reveals that the speeches of the Danish Queen constitute Denmark as a rooted nation, the Norwegian King constitutes Norway as a rights nation, and the Swedish King constitute Sweden as an immigrant nation.

Dual Citizenship: Real and Potential Threats to National Security. Legal Response

The article deals with the notion of dual citizenship, its legal regulation. The main threats to the national security of Ukraine related to the phenomenon of a multiple citizenship are analyzed. The experience of foreign countries from this issue is considered and the ways of legislative regulation of dual citizenship in Ukraine are offered. Key words: citizenship of Ukraine, citizen of Ukraine, multiple citizenship, legal regulation, national security, threats to national security.

Immigrants as new speakers in Galicia and Wales: issues of integration, belonging and legitimacy

ABSTRACTImmigrant integration in nation states increasingly focuses on the importance of learning the national state language. This is evidenced by increased emphasis on rigorous language testing and tighter citizenship regulations. This paper analyses immigrant integration in two sub-state contexts, Galicia and Wales, where presence of a national language as well as a local language reveal different linguistic complexities and realities which concern the new speaker. How do immigrants respond to bilingual host community settings? To what extent are new speakers able to claim ownership on more than one host community language? Are new immigrant speakers of Galician and Welsh considered ‘legitimate’ speakers of these languages? To answer these questions, this paper will compare and contrast results from two ethnographically based research projects, showing that immigrants in both these contexts are challenging traditional concepts of new speakers of minority languages, opening up new ways of belonging and also revealing boundaries to their pathways of becoming legitimate new speakers.

Citizenship as social object in the aftermath of the Yugoslav break‐up

AbstractThe break‐up of Yugoslavia disintegrated the Yugoslav citizenship regime, and new communities of citizens and citizenship regulations were born. Since the identitarian and lived aspects of citizenship are inseparable from its formal and legal aspects, (not) having the ‘right’ personal documents and (not) being recognized as the ‘right’ kind of citizen had profound effects on the lives of many individuals. Relying on the concept of documentality and stressing the feature of documents as being constitutive of social reality, this article analyses personal narratives illustrating the lived experience of citizenship transformations after the break‐up of Yugoslavia.

PRESERVING BHUTAN’S NATIONAL IDENTITY: AN ANALYSIS OF GROSS NATIONAL HAPPINESS AS SURVIVAL STRATEGY

As a small Himalayan country of just under 800,000 inhabitants, landlocked between China and India, Bhutan has faced significant challenges - even existential threats –to the preservation of its national identity since its very inception as a united kingdom in 1907. This paper looks at the “Gross National Happiness” (GNH) strategy not just as a peculiar, holistic development paradigm, but also as a cohesive force promoted, in the last four decades, to cement and affirm Bhutan’s national conscience. Protection of the local identity has been implemented over the years through various means, ranging from codes of “national customs and etiquette” (Driglam Namzha), to strict immigration and citizenship regulations, to a tightly controlled “high value, low impact” tourism industry, to rigorous environmental controls. Despite said countermeasures, the need for economic development through further integration into the world economy as well as mainstream converging forces of cultural homogenization represent powerful, potentially disintegrative factors affecting Bhutan on a regular basis. This timely analysis transcends the Himalayan context, as other similarly fragile nations across the globe, today, require comparable “survival strategies” in the face of equally daunting threats. Keywords: GNH, identity, nation, survival, sustainability

Contested spaces of citizenship: camps, borders and urban encounters

As citizenship regulations have tightened across the world, protest and activist movements have also emerged to challenge the violence of border and migration control. Positioned at the intersection of citizenship studies and critical geography, this special issue explores how space is conceived, mobilised, used and, in turn, shaped by these political struggles. The authors argue that citizenship is inextricably and irreducibly spatial, and therefore entangled with the material and discursive dimensions of geographical places and scales. Drawing on a rich set of examples, the contributions of this issue trace how space is actively and strategically used within multiple processes of political subjectivation. Focusing on critical sites through which exclusionary logics materialise – such as camps, borders and the urban space, the papers investigate how marginal(ised) political subjects claim their rights in and through space in different and often ambiguous ways, including contestation and solidarity.