Objectives and competences
The objective of this course is to gain basic knowledge about:
- the notion, importance, and function of citizenship in international law, EU law and municipal law,
- the EU citizenship and its relationship to the nationality of the Member States,
- fundamental rights of EU citizens and their protection,
- fundamental human rights and their protection in the framework of the Council of Europe
Content (Syllabus outline)
1. GENERAL PART
1.1. The notion and function of citizenship
1.2. Citizenship as a human right
1.3. The principle of national autonomy in the area of citizenship
1.4. Double and multiple citizenship
1.5. Statelessness
1.6. Citizenshi in interantional Law
1.7.Diplomatic protection
1.8. State succession and citizenship
1.9. Acqusition and loss of citizenship
1.10. The most important international convention in the area of citizensship
2. Citizenship of the EU
2.1. Introduction
2.2. EU citizenship and the citizenship of the Member States
2.3. EU law and national autonomy of the Member States
2.4. Rights of the EU law attached to the EU citizenship
2.5. EU citizens and third country nationals
3. The Charter of Fundamental Rights of the European Union
4. The protection of fundamental rights within the Council of Europe
4.1. The European Convention on Human Rights
4.2. The European Court of Human Rights
Intended learning outcomes - knowledge and understanding
On completition of this course, the student will be able to:
• demonstrate understanding of the of the citizenship law and connected problems
• find and understand the relevant sources of the citizenship law in EU and International law,
• understand basic decisions of the CJEU and ECHR on citizenship and fundamental rights
Readings
• A. van Aaken and I. Mot (eds.)The European Convention on Human Rights and General International Law, Oxford University Press, Oxford 2018
• M. Van den Brink, EU citizenship and (fundamental) rights: Empirical, normative, and conceptual problems, European Law J. 2018, p. 1–16.
• Cambien N., Citizenship of the Union as A Cornerstone of European Integration, A Study of its Impact on Policies and Competences of the Member States, doktorska disertacija, Leuven 2011, https://lirias.kuleuven.be/bitstream/123456789/321285/1/PhD+Nathan+Cambien.pdf
• G. R.de Groot in O. W., Vonk, International Standards on Nationality Law, Texts, Cases and Materials, Wolf Legal Publishers, Oisterwijk 2016
• TRATNIK, Matjaž, WEINGERL, Petra. Investment migration and state autonomy : a quest for the relevant link. Investment migration working papers, ISSN 2504-1541, 2019, 4, str. V, 1-44. https://investmentmigration.org/download/investment-migration-and-state-autonomy-a-quest-for-the-relevant-link-imc-rp-2019-4/. [COBISS.SI-ID 5785643]
• D. KOCHENOV, Citizenship, MIT Press 2019
• Weingerl, P. in Tratnik, M., Climbing the wall around EU citizenship : has the time come to align third-country nationals with intra-EU migrants?. European journal of international law, ISSN 0938-5428, 2022, str. 1-24
