All lessons focus on the situation in European Small States involved in this Erasmus+ project. These are, in alphabetical order: Andorra, Cyprus, Estonia, Iceland, Liechtenstein, Luxembourg, Malta, Montenegro, and San Marino.

Country reports for this lesson were presented at the Erasmus+ meeting on 5 April 2019 in Malta.

... let us see if you have ever reflected about the content of this lesson. So we start with a few introductory questions. You will receive answers as the course progresses.

In the following chapters we will go into some aspects of European small states in more detail. Please note that you will find more details in other lessons.

You can learn more about:

• Types of citizenship
• Routes to citizenship
• Challenges to citizenship and responses

At the end of this lesson, we also offer numerous links which you are welcome to select to deepen your knowledge. There you will also find presentations on all our small states with additional in-depth information regarding this lesson.

In most countries, citizenship is equal to holding the citizenship of the respective state. Thus, the more interesting question is how that citizenship can be acquired. There are two fundamental principles of nationality law: ius sanguinis ("right of blood") and ius solis ("right of soil"). Ius sanguinis is a principle by which citizenship is determined by the nationality of the parents, whereas ius solis is a principle by which nationality is determined by the place of birth (the USA being here an excellent point in case). Most states have both principles blended into each other, however, in a varying blend ratio.

In Estonia, there is clear focus on ius sanguinis, which ultimately has to do with the Soviet past, a considerable share of the population in the border regions holding a Russian citizenship and security (and loyalty) considerations. In total, 85% of the population have Estonian citizenship. It is acquired by birth (if at least one parent holds an Estonian citizenship), but can be acquired also by naturalization. The requirements, however, are comparably tough: Apart from holding a long-term residence permit and other formal requirements, the applicant has to be proficient in the Estonian language, know the constitution, have a permanent income, and be loyal to the Estonian state (taking an oath). However, Estonian citizenship can be restored in specific cases and can be acquired as a reward for special merits. With only a few exceptions, dual citizenship is not allowed in Estonia. However, there are exceptions to this rule: the ban on multiple citizenship does not apply if a person has been granted international protection by Estonia or another member state of the EU.

The Andorran legal framework does not expressly establish the concept of citizens. Citizenship equals nationality. Thus, there is, again, a strong focus on ius sanguinis. But there are also elements of ius solis: For example children whose non-Andorran parents were born in Andorra (more precisely: it suffices if one of the parents was born in Andorra), are considered Andorran as well. Citizenship, however, can also be acquired: The requirements are a successful integration into the Andorran society, which – depending on the situation – in turn require formal proof or not. Most notably is the fact that multiple citizenship is not allowed. When acquiring the Andorran nationality (citizenship), it is mandatory to renounce the former citizenship.

Cyprus is granting citizenship to all Cypriots by origin, but also to all individuals born in Cyprus to at least one parent who entered or is legally resident in Cyprus. The Cypriote citizenship can be acquired comparably easy: The requirements are a seven year long residence in Cyprus, of which the last year prior to the application has to be continuous. Additionally, citizenship is offered for certain services rendered. Finally, but exceptionally, citizenship may be granted to persons who have offered highly esteemed services to the Republic, irrespective of the years of residence in Cyprus. The latter regime though is based on discretionary power of the authorities and in particular the discretion of the Council of Ministers and the Minister of the Interior. Multiple citizenship is allowed and common.   

In Iceland, citizenship is automatically granted to children of an Icelandic parent. Citizenship can be acquired by residence too. For citizens of Nordic countries, four years of residence is required, for others it is seven years. In addition, a language test is required and there must be no previous criminal record. Finally, a petition to parliament is another route of acquiring the Icelandic citizenship. This route, however, is only taken in some special cases (e.g., athletes). Dual citizenship is allowed.

Table: Multiple citizenship in European small states

Liechtenstein has no formal definition of citizenship in the respective citizenship law. Citizenship is, firstly, always a combination of communal and national citizenship. Secondly, only citizens have the full political rights (right to vote in elections and referendums), but only if they are also residents of Liechtenstein. Thus, Liechtenstein's citizens abroad are not eligible to vote. Liechtenstein citizenship is, firstly, acquired by birth: All children (worldwide) of a Liechtenstein parent automatically receive the Liechtenstein citizenship. There is a facilitated naturalization too for individuals married and residing in Liechtenstein as well as for individuals who lived in Liechtenstein for 30 years. One can acquire citizenship also via popular vote at local level by the citizens of the respective municipality (condition: minimum 10 years of residence). Dual citizenship is allowed, but only for Liechtensteiners by birth. Naturalized Liechtensteiners need to renounce their former citizenship.  This does not apply if the citizenship of a country (e.g. Italy) is not renounceable.

In Luxembourg, citizenship and nationality are seen as interchangeable terms. As in most European countries, it is seen as tied to descent from nationals (ius sanguinis), but can also be acquired through a variety of other routes. Dual citizenship is allowed. It is possible to receive citizenship for services rendered. These special cases have to be approved by parliament though.

Maltese nationality can be claimed, firstly, on the basis of both ius solis and ius sanguinis – but only for those born in Malta prior to independence and post 1989; during the interim period (1964-1989) only by mere birth in Malta – reminiscent of British nationality legislation in 1964. Maltese nationality can be claimed, secondly, automatically, by means of descent through the father or mother post 1989, but prior to such date through the father only. Thirdly, citizenship can be acquired by registration, which is a mere formality for spouses of Maltese citizens and some other categories of people (i.e. children born outside Malta prior to 1989 to Maltese mothers, and those who are descendants of persons born in Malta).

Lastly, Maltese citizenship can also be acquired by naturalization on the basis of residence in Malta, and additionally – and this is the most controversial of the four routes – by investment or on the grounds of merit, whereby such requests are not as of right but at the discretion of the Minister. The rather controversial naturalization by investment programme has already generated about € 700 million (!) and drawn special attention from the EU commission.

Montenegrin citizenship is defined as a legal connection between a physical person and Montenegro as a state and does not imply national or ethnic origin (article 2 of the law on citizenship). Dual citizenship is not allowed. The law is ambiguous about it though. Persons that had multiple citizenships until 21 May 2006 can keep them. If persons are designated as of special interest for Montenegro (be it in science, culture, economy, sport or other area), they can be offered citizenship even though they don't fulfil criteria for obtaining citizenship by accession. Such persons are suggested by the President of the state, the Prime Minister, or the President of the Parliament. The Ministry of the Interior is in charge of the final decision.

There are different citizenship challenges to the different European small states:

• In those (economically highly successful) states with a high share of foreigners, there is a pretty widespread fear of identity loss. At the same time, precisely because of these fears, most of these states have rather strict naturalization requirements. Ultimately, this leads to a situation where a considerable share of the population has no political rights. But in turn, these small states' economies are heavily dependent on workers from abroad.
• In states where the collective identity is primarily defined by culture, and thus by language, there are fears of losing one's own language and cultural identity. Clearly, this is even more pronounced in small than in big states, because the threat of losing one's identity is more imminent than for a large state with a dominant language or culture.
• In states where sovereignty and/or independence from another state has been gained only recently (Estonia, Montenegro), there are both fears of security and cultural loss. In Estonia, there are challenges associated with the very specific case of an (unwillingly) interrupted independence. Therefore, the ius sanguinis is tied to the Estonian citizenship before 1940, as the population's composition has changed markedly since then.    
• In some states, there is an un-transparent, discretionary mode of acquiring citizenship: citizenship for predetermined payments or investments (e.g., Malta and Cyprus). The EU has repeatedly raised concerns over these so-called "golden passports". There are credible claims that such citizenships are often granted to individuals without any genuine link with the respective country.  

Table: Share of foreigners in European small states

States have reacted differently to the challenges imposed around citizenship:

• In states, where national identity is defined primarily by language and culture, instruments to promote proficiency in the respective language have been introduced (Estonia). The same has occurred in countries with a large proportion of foreign nationals, which led to fears of losing the national identity and culture (Liechtenstein and Luxembourg).
• Some states like Liechtenstein have managed to reach a deal with the EU which grants them unique rights regarding the free movement of persons – which is not enacted in Liechtenstein despite its membership in the European Economic Area (EEA). And indeed, the EU has agreed on that.

In fact, the European small states have very different rules regarding the definition of citizenship, its acquisition or transmission. While some states insist on single citizenship, a small majority of states also allow multiple citizenship. That citizenship passes from parents or one parent to children can be considered standard. However, the regulations vary widely when it comes to naturalisation. There are states with a long residence requirement, such as Liechtenstein, and states with much shorter deadlines. The requirements regarding language skills and other admission conditions also vary greatly. The regulations are made independently by the nation states, but can also be internationally controversial, such as the granting of citizenship based on financial considerations, as in the case of Cyprus and Malta.

Okay. Then let's see what you could remember from this lesson. Please tick the appropriate answer and you will see whether you are right or wrong.

Liechtenstein
The Principality of Liechtenstein
Government of Liechtenstein
Liechtenstein Tourism/Marketing
Liechtenstein in Figures