Nationality law and European citizenship: the role of dual nationality

The relationship between the nationality laws of the European Union Member States and European citizenship has long been the subject of academic discussion. The objective of the present paper is to investigate particularly the impact of the dual nationality regimes \u2013 for our purposes to be understood as the possession of a Member State and a non-Member State nationality \u2013 on access to European citizenship. Based on an analysis of dual nationality in three different historical-constitutional contexts (post-colonialism, post-emigration and post-communism), we argue that the use of dual nationality \u2013 in combination with a preferential nationality regime for certain groups residing outside the EU \u2013, results in discrimination against migrants on the basis of their origin. The different dual nationality policies also affect the EU at large as Member State nationals enjoy \u2013 as European citizens \u2013 the right of free movement and residence in the Union\u2019s territory. At the same time, however, it can be seriously queried whether these \u2018external EU citizens\u2019 can demonstrate a real link with the Member States granting their nationality. Finally, the examination of the case law of the European Court of Justice shows that tensions have already arisen between different Member State nationality laws; it is expected that these tensions will arise even more frequently in the future precisely as a result of the privileged route towards the acquisition of a second \u2018European\u2019 nationality. As the latter development is negatively perceived by many Member States, the EU may decide to undertake action in the area of nationality. This, in turn, could give rise to the legal autonomy of Union citizenship