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Access to nationality and the effective implementation of the European Convention on Nationality

Recommendation 2042 (2014)

Parliamentary Assembly
Assembly debate on 9 April 2014 (15th Sitting) (see Doc. 13392, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Boriss Cilevičs; and Doc. 13438, opinion of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Mr Rafael Huseynov). Text adopted by the Assembly on 9 April 2014 (15th Sitting).
1. The Parliamentary Assembly pays tribute to the work of the Council of Europe’s Group of Specialists on Nationality (CJ-S-NA) and its predecessor, the Committee of Experts on Nationality. It regrets that the work of the CJ-S-NA has been discontinued and that no follow-up has been given to the proposals presented in its final report in 2009.
2. Referring to its Resolution 1989 (2014) on access to nationality and the effective implementation of the European Convention on Nationality, the Assembly recommends that the Committee of Ministers:
2.1 examine ways and means of promoting accession to the European Convention on Nationality (ETS No. 166), as well as its speedy implementation at national level;
2.2 re-establish an expert committee on nationality, which could conduct a study on new trends related to nationality matters, such as the growing acceptance of multiple nationality, acquisition of nationality at birth by children of long-term residents or conditions for naturalisation, including the criterion of residence, and examine the current and continuous relevance of the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (ETS No. 43) and its protocols (ETS No. 95, ETS No. 96 and ETS No. 149);
2.3 stimulate and supervise, in co-ordination with the United Nations High Commissioner for Refugees, the member States in the establishment of a statelessness determination procedure at the national level, in accordance with their obligation under the European Convention on Nationality to avoid statelessness;
2.4 draft a recommendation on the matters referred to in paragraph 2.1 above.