Reply to Recommendation | Doc. 13583 | 11 July 2014

Access to nationality and the effective implementation of the European Convention on Nationality

Author(s): Committee of Ministers

Origin - Adopted at the 1205th meeting of the Ministers’ Deputies (9 July 2014). 2014 - Fourth part-session

Reply to Recommendation: Recommendation 2042 (2014)

1. The Committee of Ministers has carefully considered Parliamentary Assembly Recommendation 2042 (2014) on “Access to nationality and the effective implementation of the European Convention on Nationality”, which it has transmitted to the European Committee on Legal Co-operation (CDCJ) for information and possible comments. It welcomes the initiative of the Parliamentary Assembly in drawing attention to the importance of the right to a nationality and invites member States to consider ratifying the European Convention on Nationality (ETS No. 166).

2. The Committee of Ministers regrets to inform the Assembly that the present budgetary situation does not allow for the re-establishment of a committee of experts on nationality. It notes, however, that issues relating to nationality fall within the competencies of the CDCJ which has indicated its readiness to work on these issues and to consider action that could be undertaken to promote and support the implementation of the European Convention on Nationality (ETS No. 166). The Committee of Ministers has decided therefore to invite the CDCJ to examine this issue further and to report back. The Committee of Ministers notes also, that in line with its follow-up decisions to the Secretary General’s Convention review, the CDCJ is responsible for the overall management of the relevant conventions in this field, [(1) Including also the Council of Europe Convention on the avoidance of statelessness in relation to state succession (CETS No. 200).] including for proposing ways of improving their visibility, impact and efficiency and, where necessary, for identifying any operational problems or obstacles to ratification of the relevant conventions and assessing the necessity or advisability of drafting amendments or additional protocols, etc.

3. As regards the elaboration of a possible recommendation in this field, the Committee of Ministers is of the opinion that the legal framework is sufficient but that the implementation of existing standards in the member States should be promoted and supported.