Principal Segments of Citizenship and Homocentrism: Philosophical and Legal Justification
Abstract
Abstract. In this article, I focus primarily on the modern philosophical, legal, and political background of citizenship, its concept, and relevant modes of acquisition and termination; partly, they are enshrined in the European Convention on Citizenship (1997). At the end of 2023, this narrative is particularly fragile and relevant. The purpose of the article is to substantiate the interdependence between the modes of acquisition and termination of citizenship, taking into account both traditional and emancipatory values (promotion of homocentrism, the rule of law) and modern political and legal challenges, as well as the irreversibility of the constitutional enshrining in the preamble of the Constitution of Ukraine in 2019 following the European integration aspirations of Ukrainian citizens. Most segments of citizenship require a review of the relevant national legislation and its thorough updating (primarily, it concerns the acquisition by a person of a dual (multiple) citizenship after birth without loss of primary citizenship, posthumous citizenship, legal confirmation of deprivation of citizenship, renunciation, etc.). The fact that some highly-ranked public officers possess dual (multiple) nationalities (if one of them corresponds to the country-aggressor) is not even a challenge but a threat to Ukraine’s national security. Such people who are public officers, work for law enforcement agencies, exercise state-authority powers, and have access to state security, treasury, and secrets, create a dilemma regarding loyalty to Ukraine, specifically during the declared ‘state of emergency’ or another extraordinary regime. What legal algorithm is applied when a citizen is disloyal? And if both (all) states of a person’s citizenship declare war against each other? What legal algorithm should be applicable in the event of disloyalty committed by a citizen? Another aspect of this issue concerns the regulation of (in)voluntary change of citizenship resulting in latent dual (multiple) citizenships of persons who lived (live) in the annexed and (temporarily) occupied territory of Ukraine, starting from March 2014. Relevant national legislation regarding citizenship issues should focus on citizenship termination modes in such conditions. Alternative (in)voluntary citizenship acquisition modes (naturalization, option, or transfer) by persons who lived in the annexed and (temporarily) should result in the exact, proportionate, and justifiable pathway of its termination. We don’t want to make Ukrainian citizens flee the war to conceal identity, lose their ties with Ukraine while acquiring dual citizenship of the EU member-state that has hosted and protected them for years.
Keywords: citizenship; acquisition of citizenship; naturalization; dual (multiple) citizenship; termination of citizenship; refugees.
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