Dual Nationality Social Rights And Federal Citizenship In The U S And Europe

Dual nationality is a contentious issue in both the US and Europe. Contending that theirs is the first volume since Bar-Yaacov's 1961 book to focus primarily on this topic rather than simply on citizenship, Hansen (politics, Oxford U.) and Weil (Centre for Research on the History of Social Movements and Trade Unionism, Paris I-Sorbonne) introduce the pro and con arguments in historical and normative contexts. In 13 chapters, scholars examine the problems and possibilities of dual citizenship in Germany, the UK, France, and North America, and the related issues of gender and social rights, European Union citizenship, and the overlooked question in nationality law of nationality within a federation. Annotation copyrighted by Book News, Inc., Portland, OR

Dual nationality has become one of the most divisive issues linked with the politics of migration in Germany and the US. This volume, the first one in decades to focus on this issue, examines the history, consequences and arguments for and against dual citizenship, and uses dual nationality as the basis of a reflection on important issues closely related to it: social rights, European citizenship and federal citizenship. It pays particular attention to questions such as: What are the major arguments in favor and against dual nationality? Why has dual nationality provoked such contrasting responses, being a non-issue in the UK, for instance, and an extremely controversial one in Germany? How is dual nationality used by states to influence politics and policy in other states? How does it relate to the aim of integrating ethnic migrants and to broader issues in social policy and European integration?

As the European Union faces the ongoing challenges of legitimacy, identity, and social cohesion, an understanding of the social purpose and direction of EU citizenship becomes increasingly vital. This book is the first of its kind to map the development of EU citizenship and its relation to various localities of EU governance. From a critical political economy perspective, the authors argue for an integrated analysis of EU citizenship, one that considers the interrelated processes of migration, economic transformation, and social change and the challenges they present.

This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.

Foreword, Jessica T. Mathews.

The increased emergence of dual and multiple nationality in our globalized world has recently led to public and scholarly debates on a number of resulting practical questions. This book comprehensively evaluates the legal status of dual nationals on the basis of a comparative analysis, with emphasis on practice and law in the United States of America, the Federal Republic of Germany, Turkey and other selected countries, comprising contributions of both academics and practitioners. Among the legal subjects examined more intensively are the exercise of political rights by dual nationals, including voting and office holding, performance of military service, loss and withdrawal of citizenship, and effects of dual nationality on judicial cooperation, as well as aspects of private international law. The authors pay attention to developmental trends and legal changes in various countries, and also to the philosophical and theoretical perspectives underlying various practices. Specific recommendations for states dealing with dual nationality complete the investigation.

Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.

In an age of terrorism and securitized immigration, dual citizenship is of central theoretical and political concern. The contributors to this timely volume examine policies regarding dual citizenship across Europe, covering a wide spectrum of countries. The case studies explore the negotiated character and boundaries of political membership and the fundamental beliefs and arguments within distinct political cultures and institutional settings which have shaped debates and policies on citizenship. The analyses explore the similarities and differences in the politics of dual citizenship, to identify the dominant terms of public debates within and across selected immigration and emigration states in Europe. The research demonstrates that policies on dual citizenship are not simply explained by different concepts of nationhood. Instead, concepts of societal integration, which may well be contested in a given polity, are extremely influential.