Dual Nationality In The European Union

The book examines the phenomenon of dual nationality in the European Union, particularly against the background of the status of European citizenship – a status that is linked to the nationality of each EU Member State. While the first part sets out the approach towards (dual) nationality in Public and Private International Law as well as in EU Law, the second part consists of an overview of the dual nationality regimes in France, Italy, the Netherlands and Spain. The book shows that the autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU, and the author takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.

Conventional thinking maintains that people can belong to only one society and can be loyal to only one nation-state. In a world with rising rates of trans-national migration, however, the possibility of participation, belonging, and loyalty to more than one state is ever more evident. This has led to a rethinking of the notion of nation-based citizenship and increased tolerance toward holding citizenship in more than one country. In practice, over half of the world’s nation-states currently recognize some form of dual citizenship or dual nationality. This book focuses on clarifying and comparing how the rules of acquisition, maintenance, and revocation of dual citizenship have been modified and justified in eight states associated with the European Union: Estonia, Finland, France, Germany, Greece, Israel, Portugal, and the United Kingdom. The main question is: How have the rules of attribution, loss and/or acquisition of dual citizenship been modified and justified in these eight states? Viewed in the context of international covenants, legislation regarding dual and multiple citizenship is analyzed in terms of how it is made tangible in juridical, social, cultural, and educational domains.

The book analyzes the role of dual nationality in different fields of the law, in particular national and EU law, and offers a convincing argument for the (minimum) harmonization of European nationality laws.

This book presents findings from an ambitious comparative project. The nine chapters describe results of a theoretically based survey of officials' personal approaches to multiple citizenships. In this study, members of parliaments, heads of government ministries, officials in local government and in NGOs disclose how they feel about multiple citizenships and how they deal with problems that arise. They also discuss their views on education for (multiple) citizenship and on the evolving relationship of national and regional citizenship. Despite the similarities in formal governance structures of the countries analysed in this research study (Finland, France, Germany, Greece, Israel, Portugal, Estonia, the UK), there are deep differences in their state histories, in the mode of their association with the European Union, and in their national cultures. These have a decisive impact on the types of problems officials are faced with and on their interpretations of citizenship and sovereignty in the twenty-first century. This volume provides a nuanced and comprehensive understanding of how officials view the dilemmas of citizenship.

This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.

In this original and insightful analysis, Enikő Horváth focuses on three processes of legal evolution in Europe that affect the meaning of membership and individual identity: • the increasing salience of supranational ‘culture’ and rights; • ‘kinship’ legislation privileging non-nationals with linguistic, cultural, and ethnic ties to a given state; and • the emergence of plural nationality as an acceptable (and even welcome) phenomenon. The author’s treatment is notable for its informed appreciation of both the content of relevant European and national laws and the ways in which these laws are embedded in particular social and political frameworks. In addition to extending the legal theory on citizenship and nationality, the analysis draws on sociology, social psychology, and political theory to anchor its insights and recommendations. After two in-depth chapters introducing the complexities of the subject matter, three distinct but interwoven chapters show how each of the three processes has unfolded in a given context, offer detailed explanations and suggestions as to why each development has occurred in the manner that it has, and discuss the legal, political, and sociological issues raised by the particular development. A comprehensive reference section with extensive lists of laws, cases, and scholarship concludes the volume.

Dual nationality is a contentious issue in both the US and Europe. Contending that theirs is the first volume since Bar-Yaacov's 1961 book to focus primarily on this topic rather than simply on citizenship, Hansen (politics, Oxford U.) and Weil (Centre for Research on the History of Social Movements and Trade Unionism, Paris I-Sorbonne) introduce the pro and con arguments in historical and normative contexts. In 13 chapters, scholars examine the problems and possibilities of dual citizenship in Germany, the UK, France, and North America, and the related issues of gender and social rights, European Union citizenship, and the overlooked question in nationality law of nationality within a federation. Annotation copyrighted by Book News, Inc., Portland, OR

Dual nationality has become one of the most divisive issues linked with the politics of migration in Germany and the US. This volume, the first one in decades to focus on this issue, examines the history, consequences and arguments for and against dual citizenship, and uses dual nationality as the basis of a reflection on important issues closely related to it: social rights, European citizenship and federal citizenship. It pays particular attention to questions such as: What are the major arguments in favor and against dual nationality? Why has dual nationality provoked such contrasting responses, being a non-issue in the UK, for instance, and an extremely controversial one in Germany? How is dual nationality used by states to influence politics and policy in other states? How does it relate to the aim of integrating ethnic migrants and to broader issues in social policy and European integration?

"The institution of citizenship has undergone significant change in the last two decades. Since the 1990s, dozens of countries have changed their laws to permit dual citizenship, moving away from the previous model that demanded exclusive allegiance. As a consequence, tens of millions of people around the world now hold citizenship in two (and sometimes three or four) countries. These changes have inevitably had an affect on the lived experience and personal meaning of citizenship, but the existing literature on dual citizenship has mostly focused on immigrants in Western Europe and North America and has inquired about identity and sentimental aspects of citizenship. Yossi Harpaz looks beyond the West in this book, arguing that the rise of dual citizenship has created new opportunities for non-Western elites to convert local advantages into a global resource. Millions draw on ancestral or ethnic ties to Western/EU countries or create such ties strategically in order to obtain a second nationality that will provide them with additional opportunities, an insurance policy, a high-prestige passport and even social status. He draws on qualitative and quantitative material from three cases that represent three pathways to compensatory citizenship: Hungarian-speaking Serbians who draw on their ethnicity to acquire a second citizenship from Hungary; upper-class Mexicans who engage in "birth tourism" in order to secure American citizenship for their children; and Israelis who reacquire the citizenship of European countries from which their parents and grandparents had immigrated half a century earlier"--

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.