Romantic Times? Nationality and European Citizenship
Résumé
There is nothing in the Treaties that directly empowers the European Union (EU) institutions to define the rules of an “EU law on nationality”. The only provision is that EU citizenship derives from, but does not replace, the nationality of the Member States. For just over a decade, the EU institutions have nevertheless been consolidating criteria and policies designed to provide a framework for what Member States can and cannot do in determining their own nationals. This new EU law on nationality is the expression of a “roman- tic” turn in which the institutions seek to densify and consolidate EU citizen- ship. This article first extensively shows the empirical shape of this EU law on nationality, as formed by the case law of the Court of Justice and the actions of the European Commission, especially with regard to citizenship by investment (‘golden passports’ schemes). The contribution then carefully examines the legal foundations on which this EU law on nationality is built, in particular the constitutional architecture of the Treaties, international law, the doctrine of the genuine link and the duty of sincere cooperation.
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