IDEAS home Printed from https://ideas.repec.org/p/erp/euirsc/p0266.html
   My bibliography  Save this paper

Nationality Law and European Citizenship: The Role of Dual Nationality

Author

Listed:
  • Costanza Margiotta and Olivier Vonk

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.

Suggested Citation

  • Costanza Margiotta and Olivier Vonk, 2010. "Nationality Law and European Citizenship: The Role of Dual Nationality," EUI-RSCAS Working Papers 66, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
  • Handle: RePEc:erp:euirsc:p0266
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/1814/14623
    File Function: Full text
    Download Restriction: no

    File URL: http://cadmus.eui.eu/bitstream/handle/1814/14623/RSCAS_2010_66.pdf
    File Function: Full text
    Download Restriction: no

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Jo Shaw, 2011. "Has the European Court of Justice Challenged Member State Sovereignty in Nationality Law?," EUI-RSCAS Working Papers 62, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).

    More about this item

    Keywords

    European citizenship;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:euirsc:p0266. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Valerio PAPPALARDO). General contact details of provider: http://edirc.repec.org/data/rsiueit.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.