A Qualified Defence of the Primacy of Nationality Over European Union Citizenship
Bibliographic Data
| ID | 9929302 |
|---|---|
| Authors | Martijn Van Den Brink (0000-0002-2225-2204, British Academy, corresponding author) |
| Year | 2020 |
| Volume | 69 |
| Issue | 1 |
| Pages | 177-202 |
| Publication date | 2020-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589319000538 |
| OpenAlex | W2996801087 |
| Language | EN |
| References cited | 40 |
The relationship between EU citizenship and nationality is still defined by ‘linkage’ and ‘derivation’: national citizenship enjoys primacy over and conditions access to EU citizenship. However, because naturalisation decisions have a European dimension as well as a cross-border dimension, various commentators have questioned whether this primacy is desirable. This article examines alternative models of EU citizenship and argues that the answer is not to reconsider the criteria of ‘linkage’ and ‘derivation’, but to create some common EU rules on ‘access’ to national and EU citizenship. A particularly attractive solution is for rules on the grant of nationality to be guided by the idea of a ‘genuine link’. Reflecting on the Commission's recent report on investment citizenship within the EU and the debate it provoked, this article questions whether such shared rules can currently be adopted
Citizenship · Commission · Dimension (graph theory · Economics · European union · Immigration · International trade · Law and economics · Linkage (software · Member states · Nationality · Naturalisation · Political science · Politics · Sociology · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law
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The Birthright Lottery
Democratic Politics in the European Parliament
Does Europe Need a Constitution?
Solidarity in the European Union
Governing in Europe
Justice in a Globalized World
Cosmopolitanism and Sovereignty
Immigration and the Constraints of Justice
Democratic inclusion
The boundary problem in democratic theory
An Ever Closer Union Among the Peoples of Europe’
Constitutional Balance in the EU after the E uro‐Crisis
Ideas, Norms and European Citizenship
Justice, Legitimacy and the Authority of Legislation within the European Union
The Case for Demoicracy in the European Union
Scala Civium
Ancestry into Opportunity
Political theory and international relations
Distributive Justice, State Coercion, and Autonomy
Global Justice, Reciprocity, and the State
Enfranchising All Affected Interests, and Its Alternatives
No welfare magnets – free movement and cross-border welfare in Germany and Denmark compared
Failing on the social dimension
Against Associate EU Citizenship
The fiscal impact of EU immigration on the tax-financed welfare state
Self-determination as non-domination
Morphing the Demos into the right shape. Normative principles for enfranchising resident aliens and expatriate citizens
European Demoicracy and Its Crisis
External citizenship in EU countries
| Citation velocity | historical |
|---|---|
| Highly cited | No |