ISSUES OF DUAL CITIZENSHIP AND STATELESSNESS

1) Conceptual Framework and Normative Foundations

1.1. Legal Nature of Citizenship

Article 66 of the Constitution emphasizes that citizenship is a legal bond, stating, "Everyone who is bound to the Turkish State by the bond of citizenship is a Turk." As a result of this bond, the individual gains status in areas such as public security, political rights, freedom of entry and exit, access to public services , and social rights. The state, in turn, exercises protection and authority over the individual

1.2. References

• National : Turkish Citizenship Law No. 5901 (TVK), Private International Law No. 5718 (MÖHUK ), Foreigners and International Protection Law No. 5490 ( YUKK ), Population Services Law , relevant regulations and circulars.

• International: 1954 Convention Relating to the Status of Stateless Persons, 1961 Convention for the Reduction of Statelessness, European Convention on Citizenship and Strasbourg Treaties on Multiple Citizenship; Vienna Convention on Consular Relations.

• Case Law and Doctrine : National high court decisions, as well as those of the ECHR and the CJEU (e.g., Micheletti, C-369/90 ) and the ICJ (e.g., Nottebohm ), are guiding , particularly in the areas of “effective citizenship/de facto ties” and consular protection

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2) Acquisition and Loss of Citizenship (Briefly)

2.1. By birth

• Blood relation (jus sanguinis): If one of the parents is Turkish, the child is, as a rule, a Turkish citizen.

• Birthplace exception (limited application of jus soli): A protective provision for a child born in Turkey who does not acquire any other citizenship.

2.2. Later

• Authorized authority decision (generalized conditions), marriage, adoption, right to vote , etc.

• Exceptional citizenship applications (investment, etc.) are linked to global mobility and economic policies.

2.3. Loss

• Leaving with permission (followed by the continuation of civil and private law rights within the Blue Card envelope),

• Cancellation/revocation of a court order (due to false statements, violations of public order, etc.) — proportionality, the best interests of the child, the prohibition of arbitrariness , and judicial review are essential.

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3) Dual/Multiple Citizenship

3.1. Definition and Appearance Forms

Jus sanguinis-jus soli is the situation where a person is a citizen of two or more states simultaneously . This jus sanguinis-jus soli intersection occurs through marriage , exceptional programs (investment, talent) , adoption , or administrative-judicial processes

3.2. The Approach in Turkish Law

Dual citizenship is not prohibited under Turkish law . The essential thing is for the individual to declare their status , maintain up-to-date civil registry records , and manage overlaps in military, tax, and public service matters. Judicial practice tends to prioritize the application of Turkish law if Turkish citizenship is actually maintained , considering the criteria of "de facto connection/effective citizenship."

3.3. Conflicting Areas in Practice and Solution Approaches

(A) Military Service

• Military service obligations can arise in two countries simultaneously.

• Solution: Bilateral agreements, paid/deferred service regimes, residency and de facto link analysis; avoiding duplication. In administrative applications, the set of records and documents (residence, education, work, passport use) is important.

(B) Taxation

• Risk of double taxation based on residency and income sources

• Solution: Double taxation avoidance agreements, residency test , and annual tax returns. a "dual citizenship tax map" .

(C) Consular Protection

• a person also a citizen of the country in which they reside , consular protection of their other citizenship is practically limited in that country (in the context of the Vienna Convention).

• In a third country, the protection of both states can be practically invoked ; however, coordination is essential , not forum shopping .

(D) Public Service, Security Investigations

• In some assignments, single citizenship or conflict of interest assessments may be conducted.

• Solution: Prior disclosure of status, effective citizenship and loyalty testing.

(E) Personal Status (Marriage-Divorce-Custody-Name)

• The Turkish Code of Private International Law lists the links between citizenship, place of residence, and habitual domicile in personal cases

• Dual citizenship a person the laws of more than one nationality; in practice, "stronger ties" and public order safety valves come into play.

• Recognition/enforcement of foreign divorce decrees or administrative registration is also possible for dual citizens (procedural requirements, joint application, etc.).

(F) Inheritance and Property Regimes

• movable and immovable property , the law of the place where the estate is located, the national law of the deceased, and regarding mandatory inheritance shares may conflict.

• Solution : Careful application of the relevant rules of the Turkish Code of Private International Law and international private law agreements ; ensuring compliance with applicable law and formal requirements when drafting a will

(G) Real Estate Acquisition

• In Turkey, it is generally unrestricted for Turkish citizens , but limited for foreigners . A person with dual citizenship , however, can bypass these restrictions by assuming Turkish citizenship ; however, it is necessary to use Turkish citizenship in official records and documents

(H) Criminal Law and Extradition

• States may adopt the principle of not extraditing their own citizens ; some exceptions exist. In the case of dual citizenship , the country of residence and citizenship relations are considered together. The guarantees of ne bis in idem , double prosecution , and extradition must be rigorously examined.

3.4. The EU and the International Dimension (Briefly)

• The CJEU Micheletti decision emphasizes that the citizenship status of a person belonging to one member state must be recognized by other member states and that free movement must not be restricted.

• ICJ Nottebohm emphasizes the principle of "genuine link" particularly in the context of diplomatic protection

• Doctrine and practice keep the door open for proportionate intervention against abuses of rights (e.g., artificial arrangements solely for tax/military evasion purposes)

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4) Statelessness

4.1. Definition and Types

According to the 1954 Convention , a "stateless person" is someone who is not recognized as a citizen by any state .

• De jure statelessness: Legally, there is no citizenship.

• De facto statelessness: Although legally recognized as citizenship, it cannot be exercised in practice (e.g., denial of passport/ID, inability to benefit from protection).

4.2. Reasons

• Legislative conflicts (jus sanguinis-jus soli),

• Dissolution/division of the state,

• Discriminatory/wrongful administrative practices,

• Revocation/cancellation of citizenship (contrary to the prohibition of arbitrariness),

• Unregistered births and undocumented kinship,

• Forced displacement and prolonged lack of documentation.

4.3. Determination and Status in Turkish Law

• At the end of the administrative determination process, a "stateless person identity document" is issued to the person whose statelessness is established .

• This document a substitute for a residence permit ; it provides access to rights such as work, education, healthcare, and judicial/administrative appeals, all within the framework of human rights .

• Proportionality assessments are important in determining whether travel documents can be issued, and in implementing deportation and administrative detention measures .

• Protective measures are applied to prevent statelessness by birth for children (such as a child born in Turkey who could not otherwise become a citizen acquiring Turkish citizenship).

4.4. Practical Effect of the 1954 and 1961 Conventions

• 1954 : The definition of status regulates the principles of work, education, social rights , access to justice , property , and travel documentation ; it is separate from refugee status

• 1961 : It imposes obligations on states to prevent statelessness , particularly in cases of birth and loss of citizenship , by protecting children and not creating statelessness in cases of status changes such as marriage and divorce

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5) Blue Card Regime (Rights After Departure with Permission)

• Those who have renounced their Turkish citizenship with permission (and their descendants) retain access to many rights in the field of private law (inheritance, real estate, freedom of contract, etc.) at a level close to that of a “Blue Card” ; their rights and obligations relating to public law, such as political rights and military service, are preserved without discrimination .

• In practice, Blue Card registration and identity-address data integration in population and land registry transactions must be carried out meticulously

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6) Maps of Conflicts in Dual Citizenship and Statelessness

6.1. Personal Matters and Family Law

• Divorce, custody, alimony, and property regime: Rules of connection, habitual residence , and public order oversight are applied.

• The options of recognition/enforcement of foreign judgments and administrative registration should be compared in terms of cost, time , and enforceability .

6.2. Name, Surname, Gender Registration, and Population Corrections

• Dual citizens frequently encounter problems with different alphabets and transcription , spelling discrepancies in duplicate identity documents, and multiple record inconsistencies

• Solution : Official translation , apostille , and consular certification for a compliant population registration ; if necessary, a lawsuit for correction of the population registration record before the civil court .

6.3. Inheritance and Real Estate

• Conflicts between compulsory share , reserved share , and freedom of disposition ; the subjection of estate assets to different legal systems through the lex rei sitae rule

• Application : Double inheritance planning ; review of the will's formal and substantive validity from two separate legal perspectives

6.4. Tax and Social Security

• of residency (address, family ties, economic center, number of days stayed in the calendar year),

• Social security coordination (combining contributions and service periods according to residence and employment country).

• Strategy : Annual DTA compliance check , maintaining a residency file with “exit-entry” passport stamps and residence documents .

6.5. Criminal Procedure and Extradition

• In extradition requests for dual citizens , the protection and jurisdiction of the state of dual citizenship are taken into account; human rights guarantees , the right to privacy , and the principles of proportionality are carefully considered.

6.6. Administrative Sanctions and Notification Obligations

• When acquiring foreign citizenship while retaining Turkish citizenship, administrative notification is important.

• passport and civil registry processes administrative fines, invalid transactions , or misleading statements .