droit + jurisprudence
A new chapter is being written in the troubled history of the Dublin system. (Hastily) declared dead at the height of the crisis’ of 2015, it has been (belatedly) judged unfit for purpose by a whole range of actors including the European Commission and Parliament. A fundamental reform has therefore been placed on the agenda as matter of urgency. ...
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Last week, Ignazio Cassis became one of the Swiss federal councilors – after having surrendered his Italian passport in the weeks before the election. Simultaneously, in Australia several parliamentarians had to relinquish their seat, because it turned out that they had dual citizenship. Thinking about dual citizenship of elected politicians, four points are to be considered: “awareness” and the “possibility to renounce” where a prohibition for dual citizens to run for office is in force, as well as “loyalty” and “representation”, the basic arguments used when creating such prohibitions.
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Ignazio Cassis’ renunciation of his Italian citizenship has re-launched the debate on the meaning of political rights – and, in particular, the right to run for political office – in Switzerland. According to Cassis, his decision was necessary – politically, although not legally – in order to be elected to the Federal Council. At the same time, Cassis did not see dual citizenship as an obstacle to vote or to run as a candidate to the Federal Parliament. This episode shows that the right to vote and the right to run for political office are not necessarily aligned.
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20 September 2017: Ignazio Cassis was elected Switzerland's new federal councilor. He could have been the first member of the Federal Council with dual citizenship – if he hadn’t decided to renounce his Italian citizenship even though no legal obligation exists.
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On 6 September 2017, the Court of Justice of the European Union dismissed the actions brought by Slovakia and Hungary against a provisional relocation mechanism for asylum seekers, adopted in 2015 to tackle the so-called refugee crisis. Slovakia and Hungary vs. Council of the European Union: A comment. ...
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