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Abstract

The break-up of the former Yugoslavia resulted in the establishment of seven states with manifestly different citizenship regimes. Relating the politics of citizenship to the dominant nation-building pro-jects, this paper argues that in the post-Yugoslav countries in which nation-building projects are con-solidated (Croatia, Slovenia and Serbia) citizenship regimes converge around ethnic inclusiveness, while in those where nation building is contested (Macedonia and Montenegro) territorial rather than ethnic attachments are articulated in citizenship policies. In the case of Kosovo, and to a certain degree Bosnia and Herzegovina, policies emphasise territory due to international involvement in the shaping of their citizenship regimes. Even though all of these states have adopted ius sanguinis as the main mechanism of citizenship attribution at birth, the different approaches to naturalisation and dual citi-zenship indicate that the politics of citizenship are inextricably linked to the questions of nation building and statehood. To explore these issues, the paper first outlines the main traits of citizenship policies in contested and consolidated states. It proceeds by looking at different naturalisation requirements in the two groups of states. It argues that extension to ethnic kin occurs only in countries in which statehood and nation building are consolidated, where it serves to project an image of national unity. In states that are challenged by several competing nation-building projects, citizenship attribution through ethnic kinship is impossible due to lack of internal unity. The paper also analyses approaches to dual citizen-ship, identifying patterns of openness and restrictiveness. By doing so, it links the politics of citizenship to the interaction of foreign policy mechanisms in post-Yugoslav countries and identifies the points where these regimes overlap or conflict with each other.

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Authors and Affiliations

Jelena Džankić
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Abstract

This article analyses the judgment of the Supreme Court of Poland of 25 June 2020, in which the Court refused to recognise registered mail receipt forms issued by the authorities of the so-called Turkish Republic of Northern Cyprus (TRNC) as foreign official documents, despite the Public Prosecutor General and the claimant arguing to the contrary. The text attempts to show that the ruling is consistent with earlier Polish practice and the majority view in domestic literature. Still, the international jurisprudence shows that there is no clear rule of public international law that would make non-recognition of documents absolutely mandatory in such cases, and some exceptions could even support their recognition under special circumstances. Also, in similar cases foreign national courts do not always refuse recognition.
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Authors and Affiliations

Szymon Zaręba
1
ORCID: ORCID

  1. Assistant Professor, Institute of Law Studies, Polish Academy of Sciences, Warsaw

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