Nacionalitat catalana i/o nacionalitat espanyola. I l’europea?

Abstract

This article aims to contribute to the issue raised with respect to the European citizenship for the new national Catalans on the assumption that Catalonia becomes a new state. Several questions arise: Does the acquisition of a new nationality imply the loss of the European citizenship? Are there any vested rights? In case these rights are lost, since when? In order to address these questions, we will analyse the link between European citizenship and nationality, as well as the consequences on citizenship if Catalonia secedes from Spain. This study will take into account the jurisprudence of the Court of Justice of the European Union defending its competence to ensure compliance with European citizenship according to EU law. Two additional questions follow from this analysis: firstly the obligation to negotiate in case of secession, and secondly the possibility that the European citizenship has gone a step further evolving to a new concept. The result of the referendum in the UK adds a new scenario which is also contemplated.

Keywords

• European citizenship
• European Union
• Nationality
• principle of proportionality
• Catalonia
• independence
• secession of a part of an EU Member State
• Brexit