| Abstract [eng] |
Summary Citizenship Plurality: Contemporary Trends Citizenship denotes the existence of a specific legal tie between individual and a state conferring mutual rights and duties. It is a matter of domestic jurisdiction of states, but the freedom of states to regulate their citizenship is restricted by rules of international law to protect fundamentals human rights and freedoms. States citizenship laws must be consistent with international conventions, international custom, and the principles of law generally recognized with regard to citizenship. Citizenship Plurality means that individual is the citizen of two or more different states at the same time. An individual may acquire more than one citizenship as a result of the conflicting citizenship laws of different states or of the conferment of citizenship by naturalization or any other manner, which does not result in the renunciation of a prior citizenship. For a long time considerable international and domestic effort has been directed toward avoiding or reducing these situations, because some of the problems may be affected by the lack of citizenship plurality in the area of obligations to military service, diplomatic protection, tax payments, election etc. Just nowadays these problems are no more threatened. Equalisation of rights between men and women, international migration, mixed marriages, globalization, EU integration and other factors are influencing legislation on tolerance toward citizenship plurality. More and more often the conferment of right and duties are related with criterion of habitual residence and not with possession of citizenship. The question of recognition of citizenship plurality in Lithuania became a matter of great relevance to our society after the ruling of the Constitutional Court of the Republic of Lithuania of November 13, 2006 on the compliance of the provisions of legal acts regulating the citizenship relations with the Constitution of the Republic of Lithuania. The ruling states that the legal regulation established in the Law on Citizenship (wording of 17 September 2002 with subsequent amendments and supplements) which was in effect at the time of consideration of this constitutional justice case, is in conflict with the Constitution. The essential problem was that under the provision of Paragraph 2 of Article 12 of the Constitution that with the exception of individual cases provided for by law, no one may be a citizen of both the Republic of Lithuania and another state at the same time, while the legal regulation continually expanded the legislative possibilities for citizens of the Republic of Lithuania also to hold citizenship of another state. Such legal regulation not only does not prevent from citizenship plurality but even encourages such tendency. Lithuanian citizenship legal regulation may be changed by amendments of Law on Citizenship, but it would be sufficient to provide individual cases of citizenship plurality. To fully permit citizenship plurality it is urgent need of referendum to change the Constitution. |
