CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ RIGHT TO CITIZENSHIP BETWEEN INTERNATIONAL LAW AND POLITICS… Citizenship is an issue in the Western Balkans, mainly after dissolution of former Yugoslavia in 1990s. Disappearance of Yugoslav nation, as well as establishing of new states and new majority nations thereof, warfare in many parts of the region due to interethnic intolerance and clashes, internationalized armed conflicts in Bosnia and Herzegovina and later in Kosovo, all together made heavy heritage to new generations. This reflects also the issue of citizenship. Existence of multinational marriages and multiple identities in turmoil have been additional burdens to acquirement and enjoying the right to citizenship. The relationship between citizenship and minority status is diverse from country to country within European continent. In that regard, almost in all the Western Balkans countries the citizenship is a prerequisite for having national minority status and enjoyment of the rights deriving from that status. The ACFC criticized such an approach in its Opinions. However, this approach is not unique for the Western Balkans. 15 Application of international standards on citizenship in the Western Balkans states in transition could be explained through the challenges they face. Having in mind that differences in approaches towards sensitive issue of citizenship are imanent to the region, the laws concerned vary from very restrictive to highly open and non demanding in terms of criteria to be fulfilled for acqusition of the citizenship. The most restrictive legislation on citizenship and relevant practice is a characteristic of the state which has managed to preserve internal peace during war times in the region in 1990s, and prove its multicultural and multinational harmony – Montenegro. On the other side, one of the states with greatest problems in recent history Serbia has the most open approach towards acquiring citizenship. 16 Other states of the Western Balkans region have moderate laws in respect of citizenship issues. The LawonMontenegrinCitizenship, 17 which is considered restrictive, definesMontenegrin citizenship as a legal link between a natural person and the state of Montenegro and does not indicate national and ethnic origin (Article 1, paragraph 1), which is a accordance with the European Convention on Nationality. 18 Montenegrin citizenship is acquired by origin, born on the territory of Montenegro, by acceptance and by international agreements as stipulated in article 4. Namely, the blood connection ( ius sanguinis ), i.e. origin is the basic way of acquiring Montenegrin citizenship. The acquisition of Montenegrin citizenship by birth on the territory of Montenegro ( ius soli ) is a suplementary way of acquiring Montenegrin citizenship. It is stipulated in order to avoid statelessness of the children born or found in Montenegro, which is in accordance with international standards and leading principle of diminishing statelessness. As stipulated by art. 7, a child born or found on the territory of Montenegro acquires Montenegrin 15 The need for extention of minority status to non-citizens was emphasized also in the Second ACFC’s Opinon on Latvia, the Third Opinion on Czech Republic, for instance. Source: https://www.coe.int/en/web/minorities/ country-specific-monitoring. 16 Law on Citizenship of Republic of Serbia , Official Gazette of Montenegro no. 135/2004, 90/2007. 17 Law on Montenegrin Citizenship, Official Gazette of Montenegro no. 13/2008, 28/2011, 46/2011, 20/2014, 54/2016. 18 The provison is in accordance with art. 2 of the European Convention on Nationality. Montenegro is its High Contracting Party, which was confirmed by adoption of the Law on The Law on the Ratification of the European Convention on Citizenship, which was published in the Official Gazette of Montenegro – International Treaties , no. 2/10.

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