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Nationality Law and European Citizenship: The Role of Dual Nationality
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1028-3625
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EUI RSCAS; 2010/66; [GLOBALCIT]; EUDO Citizenship Observatory
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MARGIOTTA, Costanza, VONK, Olivier, Nationality Law and European Citizenship: The Role of Dual Nationality, EUI RSCAS, 2010/66, [GLOBALCIT], EUDO Citizenship Observatory - https://hdl.handle.net/1814/14623
Abstract
The relationship between the nationality laws of the European Union Member States and European
citizenship has long been the subject of academic discussion. The objective of the present paper is to
investigate particularly the impact of the dual nationality regimes – for our purposes to be understood
as the possession of a Member State and a non-Member State nationality – on access to European
citizenship. Based on an analysis of dual nationality in three different historical-constitutional contexts
(post-colonialism, post-emigration and post-communism), we argue that the use of dual nationality –
in combination with a preferential nationality regime for certain groups residing outside the EU –,
results in discrimination against migrants on the basis of their origin. The different dual nationality
policies also affect the EU at large as Member State nationals enjoy – as European citizens – the right
of free movement and residence in the Union’s territory. At the same time, however, it can be
seriously queried whether these ‘external EU citizens’ can demonstrate a real link with the Member
States granting their nationality. Finally, the examination of the case law of the European Court of
Justice shows that tensions have already arisen between different Member State nationality laws; it is
expected that these tensions will arise even more frequently in the future precisely as a result of the
privileged route towards the acquisition of a second ‘European’ nationality. As the latter development
is negatively perceived by many Member States, the EU may decide to undertake action in the area of
nationality. This, in turn, could give rise to the legal autonomy of Union citizenship.
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EUDO Citizenship Observatory