Kochenov, Dimitry (2009) A Glance at State Nationality/EU Citizenship Interaction (Using the Requirement to Renounce Community Nationality upon Naturalizing in the Member State of Residence as a Pretext). In: UNSPECIFIED. (Unpublished)
Abstract
The legal analysis of the requirement to renounce one’s previous Community nationality upon naturalizing in the Member State of residence provides an excellent pretext to speak about the changing balance between the nationalities of the Member States and the citizenship of the European Union. Amplifying global trends resulting in the fading in importance of state nationalities, the European integration project shaped a legal reality where the importance of particular Member States’ nationalities is dwarfed compared with that of EU citizenship. Currently the Member States’ nationalities, short of being abolished in the legal sense, mostly serve as access points to the status of EU citizenship. Besides, they provide their owners with a limited number of specific rights in deviation from the general principle of non-discrimination on the basis of nationality and – what is probably more important for the majority of their owners – trigger legalized discrimination in the wholly internal situations. Viewed in this light, the requirement to have only one Community nationality enforced in national law by ten Member States seems totally outdated and misplaced. While it is probably not per se illegal, it totally misses the point of European integration and ignores a simple fact that however much they struggle nationalities are unlikely to have a bright future in the EU. Once third country nationals are brought within the scope of this picture, even more pressing questions with regard to the EU citizenship / Member State nationality interaction come to the fore.
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