Saturday, May 16, 2015
INTERVIEW: Alternate Minister of Migration Policy Tasia Christodoulopoulou on New Citizenship Bill
The Bill regulates the granting of citizenship to second generation immigrants, amending Law 3838/2010.
1) Could you explain the necessity of a new citizenship law?
The necessity is great. In the last twenty years or so, children born in Greece live and plan their lives here, without having access to Greek citizenship. We are already witnessing not just the second but also the third generation of immigrants. Moreover, up until 2010, Greece was the only EU host country lacking the appropriate legislation to distinguish these children from their parents. In fact, those children cannot apply for naturalization until they reach the age of eighteen. The paradox of the existing legal framework has been, and continues to be, great: a parent can apply for naturalization after a ten-year period, whereas his/her child has to spend eighteen years in Greece before applying.
2) What are the key innovations introduced by the Bill? How will you overcome the issues raised by the 460/2013 ruling of the Council of State, regarding the constitutionality of Act 3838/2010 granting citizenship to second generation immigrants?
We have taken into account the ruling of the Council of State, which deemed that the 5-year period of legal residence in Greece by the parents, prior to the child’s birth, was not sufficient to establish a “genuine bond” between the child and the host country.As a result (a), we decided to add a precondition of an additional 6 years until the child attends first grade. If the child spends one year in kindergarten and her/his parents decide that they want her/him to attend a Greek school, then the crucial requirements for citizenship are met. Moreover (b), things are simpler for those children not born but growing up in Greece: the Council of State ruled that 6 years of Greek school attendance were not enough for granting citizenship, and that a child needed to complete 9 years of Greek schooling, equal to the years of compulsory education in Greece. According to the new Bill, a child is entitled to citizenship after attending Greek school for 9 years, or after 6 years of secondary education.Finally (c), if a child has a Greek Secondary School Certificate (Apolytirion) and graduates from a Greek University or Technological Educational Institute (TEI), he/she can acquire Greek citizenship as an adult.
We have taken into account the ruling of the Council of State, which deemed that the 5-year period of legal residence in Greece by the parents, prior to the child’s birth, was not sufficient to establish a “genuine bond” between the child and the host country.As a result (a), we decided to add a precondition of an additional 6 years until the child attends first grade. If the child spends one year in kindergarten and her/his parents decide that they want her/him to attend a Greek school, then the crucial requirements for citizenship are met. Moreover (b), things are simpler for those children not born but growing up in Greece: the Council of State ruled that 6 years of Greek school attendance were not enough for granting citizenship, and that a child needed to complete 9 years of Greek schooling, equal to the years of compulsory education in Greece. According to the new Bill, a child is entitled to citizenship after attending Greek school for 9 years, or after 6 years of secondary education.Finally (c), if a child has a Greek Secondary School Certificate (Apolytirion) and graduates from a Greek University or Technological Educational Institute (TEI), he/she can acquire Greek citizenship as an adult.
3) How many people do you think would benefit from the new law?
According to our estimates, the target group is initially approximately 100.000 minors. Let us also bear in mind the significant number of adults who were either born in Greece, went to school in Greece, or have graduated from a Greek school, whom the bill also targets.If things go as planned, we believe that within a 5-year period citizenship granting rates will have stabilized, so that immigrants who have taken root in this country and wish to share their future with us as Greek citizens will be Greeks.
According to our estimates, the target group is initially approximately 100.000 minors. Let us also bear in mind the significant number of adults who were either born in Greece, went to school in Greece, or have graduated from a Greek school, whom the bill also targets.If things go as planned, we believe that within a 5-year period citizenship granting rates will have stabilized, so that immigrants who have taken root in this country and wish to share their future with us as Greek citizens will be Greeks.
4) What do you think will be the financial burden of implementing the new law?
None whatsoever. On the contrary, we plan to staff decentralised competent authorities that will take up the job, by means of voluntary transfers of civil servants from the Municipal Police. Additionally, in collaboration with the Citizenship Directorate, we have put great effort into introducing streamlined and functional legislation that aims to make life easier for all parties involved - the applicants, their children, the civil servants. Finally, the granting of citizenship is a complex administrative process and for that reason, since 2010, a 100 euro fee has been charged. As a result, the State stands to gain from a fiscal point of view.The most substantial gain, of course, lies in the establishment of a political community without exclusions and entrenchments.
- Notes on Greek citizenship law
Until 2010
Until 2010, according to the Greek Citizenship Code (Law 3284/2004), a person could acquire Greek citizenship in 5 ways: (1) by birth from Greek parents, or by birth on Greek soil, in the event that the child has no right to acquire any other foreign citizenship or her citizenship is unknown at the time of birth, (2) by recognition of fatherhood, if at the time of recognition the child is a minor, (3) by adoption, (4) by enlistment in the armed forces, and (5) by naturalisation.
After 2010
Law 3838/2010 introduced an additional way of acquiring citizenship, by declaration. “Greek Citizenship is acquired upon the birth of a child in Greece in the event that: a) one of the parents of the child was born in Greece and has been permanently domiciled in the Country since his or her birth...”
Note: In the Case 460/2013, the Greek State Council ruled against the constitutionality of nationality acquisition via declaration and political participation of TCN in local elections. The plenary ruling was issued with a strong minority vote (13 members v. 26).
- BOOKSHELF: Migration in Greece, 11 Myths & Even More Truths
The book dismisses common beliefs regarding the actual numbers of migrants in Greece, explains the difference between often misused terms (refugees, asylum-seekers, undocumented migrants, third-country nationals, and omogeneis (expats), challenging and refuting theories associating criminality and public health endangerment with migration.
The book stresses that the Reform of the Greek Citizenship Code is an important step towards the integration of 2nd generation children, clarifying that awarding Greek citizenship to children of immigrants born or living in Greece from a very young age is not connected to issues of managing non legal migration, given that “for the vast majority of these children, Greece is the only home country they have ever known.”
- Film : Xenia, a Film with an emancipatory message
Xenia, a film by Panos Koutras swept the sixth Hellenic Film Academy Awards (30.3) including the top prizes for best film, best director and best screenplay. The film was first screened at the Un Certain Regard section of the Cannes Festival and the Toronto International Film Festival.Xenia is a female name representing the ancient Greek concept of hospitality. In the film, Koutras, who has been described as the Greek Almodovar, follows two brothers born in Greece to an Albanian mother, as they roam the country seeking their Greek father they have never met, hoping he will identify them as his sons and secure for them Greek nationality.
The recession, homophobia, immigration are just some of the issues raised, alongside fraternal bonding and romance, in a queer road trip with a political and emancipatory message. Koutras emphasises the difficulties of naturalisation proceedures for young people of non-Greek immigrant parents born and raised in Greece (Greek nationality law is mainly based on the principle of Jus sanguinis). The film is also the winner of last year’s European LUX Prize, as voted by Members of the European Parliament.
Further Reading:
EUDO-Citizenship Observatory: Country Report – Greece & Greek Citizenship Legislation & Comparing Citizenship Across Europe & Domestic Case-Law
