Latin-American European Citizens: Some Consequences of the Autonomy of the Member States of the European Union in Nationality Matters
| Author | Gerard-René de Groot |
| DOI | 10.1177/1023263X0200900201 |
| Date | 01 June 2002 |
| Published date | 01 June 2002 |
| Subject Matter | Editorial |
Editorial
9 MJ 2 (2002) 115
Latin-American European citizens: Some consequences of
the autonomy of the Member States of the European Union
in nationality matters
Art. 17(1) EC Treaty (as amended by the Treaty on the European Union) provides:
Citizenship of the union is hereby established.
Every person holding the nationality of a Member State shall be a citizen
of the Union.
Since the Treaty of Amsterdam Art. 17 continues:
Citizenship of the Union shall complement and not replace national
citizenship.
Of course, one has to raise the question, who determines which persons are entitled to the
nationality of a member state. Should the member state involved decide or should it fall
within the competence of the European Union, because the nationals of the member states
are consequently entitled to European citizenship?
An answer is given in a special Declaration (no 2) on nationality of a Member State,
which has been added to the Treaty of Maastricht. The declaration provides:
The Conference declares that, wherever in the Treaty establishing the
European Community reference is made to nationals of the Member
States, the question whether an individual possesses the nationality of a
Member State shall be settled solely by reference to the national law of
the Member State concerned. Member States may declare, for
information, who are to be considered their nationals for Community
purposes by way of a declaration lodged with the Presidency and may
amend any such declaration when necessary.
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