European Papers (Feb 2019)

EU Citizenship and Loss of Member State Nationality

  • Anne Pieter van der Mei

DOI
https://doi.org/10.15166/2499-8249/272
Journal volume & issue
Vol. 2018 3, no. 3
pp. 1319 – 1331

Abstract

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(Series Information) European Papers - A Journal on Law and Integration, 2018 3(3), 1319-1331 | Article | (Table of Contents) I. Introduction. - II. Deprivation of Member State nationality. - II.1. Adults. - II.2. Minor children. - III. Member State withdrawal from the Union. - IV. Associate EU citizenship. - V. Final remarks. | (Abstract) This Article addresses questions concerning the loss of Member State nationality and the possible implications for EU citizenship. The Author first revisits Rottmann (Court of Justice, judgment of 2 March 2010, case C-135/08) and reflects on the limitations that EU places on decisions of Member States to deprive a person of his/her nationality. In addition, the contribution considers whether the Rottmann case law, and the logic underpinning it, can be extended to situations in which Member State nationality is lost as a result of a decision of a Member State to withdraw from the Union. Having answered the latter question in the negative - for UK nationals Brexit implies loss of EU citizenship - the author briefly discusses the recent proposal to introduce an associate EU citizenship for nationals of former Member States.

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