CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ RIGHT TO CITIZENSHIP BETWEEN INTERNATIONAL LAW AND POLITICS… Montenegrin citizenship for a maximum of one year. The meaning of latter provision must be determined in accordance with the provision in Article 9 of the Constitution of Montenegro, by which it is stipulated that the confirmed and published international treaties and generally accepted rules of international law “have a primacy over domestic legislation”. Consequently, it is to conslude that the provisions of the Law on Citizenship of Montenegro, stipulating the termination of Montenegrin citizenship to a citizen of Montenegro who becomes a national of another state, are not absolutely binding in the procedure of concluding an interstate dual citizenship bilateral treaty. It is important to emphasize that, in order to preserve the political interests and integrity of the state, a residential condition for excercise of political rights has to be stipulated by the agreement on dual citizenship, so that each individual’s voting rights are exercised in the country in which he /she is a resident. By such solution, also the respect of five most consistent principles of the European Convention on Citizenship would be shown. They are: the desirability of finding suitable solutions for the consequences of multiple citizenship, which will respect the legitimate interests of both states and individuals, respect for family life, a place of residence as an important factor in adopting a solution on citizenship, and exclusion of ethnic origin as an element that determines citizenship. In line with this is the conclusion in the Ljubljana Guideline 37, “multiple citizenships, per se , should not be considered an obstacle to integration. Granting citizenship by the State of residence to long-term residents who already hold citizenship of another State may support the integration process and strengthen links to society. Children who have acquired more than one citizenship at birth should not be prohibited from holding multiple citizenships over the course of their lives.” 26 However, the reality concerning dual / multiple citizenship is still far from such an approach, which would be based primarily on the protection of human rights. Small states, such as Montenegro, and especially in situation of regained independence after years, are very sensitive to the issues of dual or multiple citizenship, for the sake of preserving their national interests. Concluding Observations Although regulation of citizenship as a human right stays a challenge of international law, more and more instruments especially of regional systems of the human rights protection treat the right to citizenship as a civil right. It can be seen through the prism of legal, political, social, cultural and ethical aspects. The fact that the realization of citizenship is a prerequisite for the enjoyment of many human rights and freedoms, and that its loss can lead to an inability of a person to achieve basic needs, brings this sensitive issue at the center of law and ethics. The legal definition of citizenship as a legal relationship between the state and the physical persons, from which certain rights and obligations derive for both sides, has the meaning in the spirit of human rights protection. Consequently, the right to citizenship of a particular country can be determined as the civil right which the achievement of most other human rights depends on. However, it is not an inherent civil right, but rather the one conditioned by the state’s requirements.

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26 Ljubljana Guidelines, op. cit, p. 44.