Reduction of the number of cases of multiple nationality

Recommendation 164 (1958)

Author(s):

Parliamentary Assembly

Origin

(a) Subject introduced on 20th May 1954 by the tabling by M. Schmid and a number of his colleagues, of a request for inclusion in the Agenda of the Session, Doc. 236, of the possibility of concluding a European Convention on statelessness and multiple nationality.<br>(b) 24th May 1954, reference to Legal Committee (Reference N°. 39).<br>(c) 11th April 1958, tabling of the Report of the Legal Committee, Doc. 805.<br>(d) 3rd May 1958, debate in the Assembly (see 9th Sitting of the 10th Session). The Recommendation was adopted unanimously.

The Assembly,

Considering that, in its Special Message of 20th May 1954, the Committee of Ministers stated that it intended to study the possibility of unifying or harmonising the legislations of Member States and that it would welcome proposals by the Assembly on the matter (Doc. 238, paragraph 87) ;

Considering that, at least as between Member States, the number of cases of multiple nationality should be reduced to a minimum ;

Having regard to the Convention on Certain Questions relating to the Conflict of Nationality Laws signed at The Hague on 12th April 1930, and to its Protocol of the same date relating to Military Obligations in certain cases of Double Nationality ;

Considering that only a few of the Member States have ratified the said Convention and Protocol ;

Considering that there are other methods of reducing the number of cases of multiple nationality besides those referred to in the said Convention ;

After examining the work done on the problem of multiple nationality by the International Law Commission of the United Nations ;

Recalling that the Committee of Ministers itself has favoured action being taken at the European level in relation to problems to which a satisfactory solution could not otherwise be found ;

After examining the Report of its Legal Committee (Doc. 805),

Recommends to the Committee of Ministers :

1 that a Committee of governmental experts be set up to prepare a draft European Convention for the reduction of the number of cases of multiple nationality, on the basis of the proposals contained in the Legal Committee's Report ;

2 that the draft Convention thus prepared should be submitted to the Assembly for its opinion before final approval by the Committee of Ministers.