Dual Nationality in the European Union

A Study on Changing Norms in Public and Private International Law and in the Municipal Laws of Four EU Member States


Author: Olivier Vonk
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.

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Olivier W. Vonk, Ph.D. (2010) in Law, European University Institute (Florence, Italy), is a Marie Curie Fellow at Maastricht University and Georgetown University. He has published on different aspects of nationality law and European citizenship including Mapping Statelessness in the Netherlands (UNHCR report, 2011).
"In conclusion, this book is attractive for a broad readership of legal scholars, sociologists and political scientists, and can be wholeheartedly recommended to anyone with an interest in nationality and citizenship issues,whether from the national or international perspective, within or outside of the legal discipline. As nationality, and especially dual nationality, acquire a more dominant position in the discussion on migration, migration scholars from a wide range of disciplines would benefit from reading this book as well. For EU lawyers, in particular, this study offers an excellent analysis of the complex debate on the exclusivity of Member States’ competences in the field of nationality law in the light of the dynamic development of the concept of EU citizenship."
Katja Swider, Common Market Law Review 50: 1505–1507, 2013.
Acknowledgments; Summary; Table of Contents; General Introduction; Part I
Chapter 1: General Observations on (Dual) Nationality and Its Role in Municipal and International Law
1. Nationality and Citizenship: Their Historical Roots
2. Terminological Observations in Respect of Nationality and Citizenship
3. The Role of Nationality in Different Fields of Law
4. The Function of Nationality under Municipal and International Law
5. Nationality under International Law
6. Why a Study on Dual Nationality?
7. Attitudes Towards Multiple Nationality: Rejection or Embrace?
8. Transnationalism, Postnationalism and European Citizenship
9. Does Multiple Nationality Cause Legal Problems?
10. Multiple Nationality under International Law: State Practice
11. Nationality Law in Europe: The Council of Europe and the European Union
Conclusions Chapter 1
Chapter 2: The Role of Dual Nationality in Private International Law and EU Law – The Intra-EU Context
1. Introduction
2. Connecting Factors in Private International Law: Nationality Versus Domicile/Habitual Residence
3. Solution to a ‘Conflict of Nationalities’ in France, Italy, the Netherlands and Spain
4. Dual Nationals and their Surnames
5. García Avello and the Related Cases Micheletti, Mesbah, Konstantinidis and Grunkin-Paul
6. Is There a Need for Uniform European Conflict and Recognition Rules in the Field of Civil Status?
7. Consequences of García Avello for National Rules Governing Surnames
8. García Avello and Other Cases on European Citizenship
9. Dual Nationality and the Brussels IIbis Regulation: Case C-168/08 Hadadi [2009]
Conclusions Chapter 2
Conclusions Part I
Part II
Country Reports on Dual Nationality The Extra-EU Context
Introductory Remarks on the Country Reports
Chapter 3: France
1. Introduction
2. Historical Overview. How ius soli became ‘The Heart of French Nationality Law’
3. Dual Nationality during the Great War (1914-1918): The Fear of the German Delbrück Law
4. French Nationality Law after the Second World War
5. Equality of the Sexes in French Nationality Law
6. Questions of Nationality Law Relating to the Decolonization Process
7. The Algerian Question and the Controversy Surrounding ius soli
8. The 1980s and 90s: Attacks on the French ius soli Tradition
9. Concluding Remarks
Chapter 4: The Netherlands
1. Introduction
2. The Dutch Nationality Act of 1892 (Wet op het Nederlanderschap en het 145 ingezetenschap 1892)
3. Decolonization: The Independence of Indonesia and Surinam
4. The Equality of the Sexes in Dutch Nationality Law
5. The Dutch Nationality Act of 1985
6. The Fall of Multiculturalism and the Debate on the Renunciation Requirement
7. Dutch Emigrants and Dual Nationality under the 1985 Act
8. Modifications to Dutch Nationality Law by the 2003 Act
9. Concluding Remarks
Chapter 5: Italy
1. Introduction
2. The 19th Century: The Formation of the Italian Nation-State and the ‘Great Migration’
3. The Influence of Emigration on Italian Nationality and Migration Law
4. Law 555/1912: A Response to the ‘Great Migration’
5. The 1970s and 80s: Gender Equality in Italian Nationality Law
6. The Favourable Attitude towards Italian Co-Ethnics: Laws 91/1992, 379/2000, 124/2006 and 459/2001
7. Attempts to Reform Italian Nationality Law to the Benefit of Non-Privileged Immigrants
8. Concluding Remarks
Chapter 6: Spain
1. Introduction
2. The Spanish Phenomenon of Dual Nationality
3. The Background of the Treaties on Dual Nationality
4. The Spanish Constitution of 1978
5. Differences between the Conventional and the Legal Routes to Dual Nationality (vía convencional/vía legal)
6. The Additional Protocols to the Dual Nationality Treaties
7. Particularities concerning the Spanish-Guatemalan Treaty
8. Interlude: The Italian-Argentinean treaty on Dual Nationality and the Bilateral Treaties Concluded between Portugal and Some of its Former Colonies
9. Case C-369/90 Micheletti [1992]
10. Developments in Spanish Nationality Law after the Enactment of the 1978 Constitution: Modification of Spanish Nationality Law by Law 51/1982
11. Modification of Spanish Nationality Law by Law 18/1990
12. Modification of Spanish Nationality Law by Law 36/2002
13. Law 52/2007 and Option Rights to Spanish Nationality
14. Concluding Remarks General Conclusions; Bibliography
All those interested in the role of dual nationality in public and private international law as well as national and EU law.