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25 May. 2024

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Abolition of the ban on dual citizenship in Europe: will Ukraine have to lift restrictions?

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Abolition of the ban on dual citizenship in Europe: will Ukraine have to lift restrictions?

Considering the changes in Europe regarding dual citizenship, Ukraine may also be the subject of discussion regarding its own policy on this issue. Read more to find out whether changes in the EU could encourage Ukraine to reconsider changes to the way citizens can obtain multiple passports

Legal assistance on migration issues for Ukrainians in Ukraine and abroad
Legal assistance on migration issues for Ukrainians in Ukraine and abroad
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In January 2024, for the third time in his term, Volodymyr Zelenskyy submitted a draft law to parliament that would regulate dual citizenship. However, this bill was not adopted again.


This problem is not unique to Ukraine. The normalization and permission of multiple citizenship is becoming a general trend in Europe, writes Serhiy Sydorenko, editor of eurointegration.com.ua.


It is known that a firm ban on dual citizenship is a thing of the past. According to the Strasbourg Convention, European states were obliged to punish those who voluntarily obtained a passport of another country with deprivation of citizenship. 


We will tell you how the EU countries are slowly lifting the ban on dual citizenship and what they propose to do in Ukraine.


How does Europe abandon the punishment for dual citizenship?


In 1993, the States Parties to the Strasbourg Convention (its full name is the Convention on the Reduction of Cases of Multiple Nationality and on Military Service in Cases of Multiple Nationality) adopted amendments that provided for many exceptions based on family ties, making punishment for dual nationality a rarity.


With the enlargement of the Council of Europe to Central and Eastern Europe, none of the new states acceded to this outdated treaty, and in the 2000s many countries denounced the convention.




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Abolition of the ban on obtaining a second passport in EU countries


Although Austria and the Netherlands have remained full parties to the Strasbourg Convention, even there there are discussions about easing the current rules. Other European countries, apart from Vienna and The Hague, have not completely abandoned the ban on dual citizenship. For example, Lithuania and Slovakia have their own restrictions.


Currently, the normalization of multiple citizenship is ongoing. Lithuanians trying to change the constitutional norm have failed to do so because of the failure of referendums. Germany is likely to change its system in the near future, as the Bundestag has already supported a bill that removes restrictions on dual citizenship. This may prompt other countries, including Austria.


In Poland, dual citizenship is not prohibited, but such citizens are considered only Polish citizens. This principle is also enshrined in Ukrainian legislation, both in the current one and in the new draft proposed by the president.


In general, the normalization and authorization of multiple citizenship is becoming a common trend in Europe. In recent decades, a number of countries have gone this way.  This practice remains prohibited only in a few Western countries, but even there they are trying to change it, even if it requires referendums and constitutional amendments.


Last weekend, Lithuania tried to change the constitutional provision for the second time, but again failed.


Thus, Ukraine is not the only country where discussions are underway about the admissibility of holding passports of several states by one person


Will Ukraine join the absolute European majority, or will it leave the rules on punishing "dual citizens"? The answer to this question will depend on the adoption of a new law on citizenship by the parliament.


If you need advice on the above issues, you can always contact Visit Ukraine's lawyers for advice. Our professional staff will be able to help you solve various problems using an individual approach. You can arrange a consultation by following the 
link.

We remind you! Ukraine and the European Commission have agreed to extend temporary protection for Ukrainians in the EU. The status will be reviewed only after the security situation in the country improves. Learn more about the changes to temporary protection for Ukrainians in the EU here.



Photo: depositphotos


Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.






Ihor Usyk is the Head of Legal Department at Visit Ukraine


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