Motion for a resolution | Doc. 12696 | 24 August 2011

The European Convention on Nationality: application and solution proposals

Author(s): several Assembly members

Signatories: Ms Elsa PAPADIMITRIOU, Greece, EPP/CD ; Mr Roberto Mario Sergio COMMERCIO, Italy, EPP/CD ; Mr Gianpaolo DOZZO, Italy, EDG ; Ms Blanca FERNÁNDEZ-CAPEL BAÑOS, Spain, EPP/CD ; Mr Martin FRONC, Slovak Republic, EPP/CD ; Mr Giuseppe GALATI, Italy, EPP/CD ; Mr Marco GATTI, San Marino, EPP/CD ; Ms Claude GREFF, France, EPP/CD ; Ms Françoise HOSTALIER, France, EPP/CD ; Mr Ferenc KALMÁR, Hungary, EPP/CD ; Mr Pavol KUBOVIČ, Slovak Republic, EPP/CD ; Ms Christine MARIN, France, EPP/CD ; Mr Edgar MAYER, Austria, EPP/CD ; Mr José MENDES BOTA, Portugal, EPP/CD ; Mr Pasquale NESSA, Italy, EPP/CD ; Mr Fritz NEUGEBAUER, Austria, EPP/CD ; Mr Giacomo SANTINI, Italy, EPP/CD ; Mr Giacomo STUCCHI, Italy, EDG ; Ms Melinda SZÉKYNÉ SZTRÉMI, Hungary, EPP/CD ; Mr Oreste TOFANI, Italy, EPP/CD ; Mr Imre VEJKEY, Hungary, EPP/CD ; Mr Luigi VITALI, Italy, EPP/CD ; Mr Marco ZACCHERA, Italy, EDG

This motion has not been discussed in the Assembly and commits only those who have signed it.

Many member states of the Council of Europe signed on 6 November 1997 the European Convention on Nationality (ETS No. 166).

The Council of Europe Convention of 1997 is important for the evolution of citizenship legislation at the European level because this treaty exhaustively regulated the relevant issues for the first time at the international level.

In some countries the provisions of the European Convention of 1997 were not totally compatible with the national legislation. Laws were modified accordingly or reservations were made to particular articles of the Convention. Different procedures are usually required for the Convention on the reduction of cases of multiple nationality (ETS No. 43) of 1963 for which a partial cancellation is not possible. To carry out a detailed and precise verification of the ratification and implementation of the European Convention of 1997 is necessary in this field. From this analysis and verification of the situation in the different states, it will certainly be possible to submit suggestions and recommendations to the Committee of Ministers and the parliaments of the Council of Europe member states.

The Committee on legal affairs and human rights could rapidly prepare a report on the proposed theme, which falls within its competence, in particular in view of the recent developments in citizenship legislation in member states or denunciations or reservations made to some provisions of relevant conventions by some countries. This will favourite a more clear frame for the Council of Europe and the citizens who live in the member states.