Dual Nationality in the European Union

Olivier W. Vonk, Ph.D. (2010) in Law, European University Institute (Florence, Italy), is a Marie Curie Fellow at Maastricht University and Georgetown University. He has published on different aspects of nationality law and European citizenship including Mapping Statelessness in the Netherlands (UNHCR report, 2011).

"In conclusion, this book is attractive for a broad readership of legal scholars, sociologists and political scientists, and can be wholeheartedly recommended to anyone with an interest in nationality and citizenship issues,whether from the national or international perspective, within or outside of the legal discipline. As nationality, and especially dual nationality, acquire a more dominant position in the discussion on migration, migration scholars from a wide range of disciplines would benefit from reading this book as well. For EU lawyers, in particular, this study offers an excellent analysis of the complex debate on the exclusivity of Member States’ competences in the field of nationality law in the light of the dynamic development of the concept of EU citizenship."Katja Swider, Common Market Law Review 50: 1505–1507, 2013.

• Acknowledgments; Summary; Table of Contents; General Introduction; Part IChapter 1: General Observations on (Dual) Nationality and Its Role in Municipal and International Law1. Nationality and Citizenship: Their Historical Roots 2. Terminological Observations in Respect of Nationality and Citizenship3. The Role of Nationality in Different Fields of Law4. The Function of Nationality under Municipal and International Law5. Nationality under International Law6. Why a Study on Dual Nationality?7. Attitudes Towards Multiple Nationality: Rejection or Embrace?8. Transnationalism, Postnationalism and European Citizenship9. Does Multiple Nationality Cause Legal Problems?10. Multiple Nationality under International Law: State Practice11. Nationality Law in Europe: The Council of Europe and the European UnionConclusions Chapter 1Chapter 2: The Role of Dual Nationality in Private International Law and EU Law – The Intra-EU Context1. Introduction2. Connecting Factors in Private International Law: Nationality Versus Domicile/Habitual Residence3. Solution to a ‘Conflict of Nationalities’ in France, Italy, the Netherlands and Spain4. Dual Nationals and their Surnames5. García Avello and the Related Cases Micheletti, Mesbah, Konstantinidis and Grunkin-Paul6. Is There a Need for Uniform European Conflict and Recognition Rules in the Field of Civil Status?7. Consequences of García Avello for National Rules Governing Surnames8. García Avello and Other Cases on European Citizenship9. Dual Nationality and the Brussels IIbis Regulation: Case C-168/08 Hadadi [2009] Conclusions Chapter 2Conclusions Part IPart IICountry Reports on Dual Nationality The Extra-EU ContextIntroductory Remarks on the Country ReportsChapter 3: France1. Introduction2. Historical Overview. How ius soli became ‘The Heart of French Nationality Law’3. Dual Nationality during the Great War (1914-1918): The Fear of the German Delbrück Law4. French Nationality Law after the Second World War5. Equality of the Sexes in French Nationality Law6. Questions of Nationality Law Relating to the Decolonization Process7. The Algerian Question and the Controversy Surrounding ius soli8. The 1980s and 90s: Attacks on the French ius soli Tradition9. Concluding RemarksChapter 4: The Netherlands1. Introduction2. The Dutch Nationality Act of 1892 (Wet op het Nederlanderschap en het 145 ingezetenschap 1892)3. Decolonization: The Independence of Indonesia and Surinam4. The Equality of the Sexes in Dutch Nationality Law5. The Dutch Nationality Act of 19856. The Fall of Multiculturalism and the Debate on the Renunciation Requirement7. Dutch Emigrants and Dual Nationality under the 1985 Act8. Modifications to Dutch Nationality Law by the 2003 Act9. Concluding RemarksChapter 5: Italy1. Introduction2. The 19th Century: The Formation of the Italian Nation-State and the ‘Great Migration’3. The Influence of Emigration on Italian Nationality and Migration Law4. Law 555/1912: A Response to the ‘Great Migration’5. The 1970s and 80s: Gender Equality in Italian Nationality Law6. The Favourable Attitude towards Italian Co-Ethnics: Laws 91/1992, 379/2000, 124/2006 and 459/20017. Attempts to Reform Italian Nationality Law to the Benefit of Non-Privileged Immigrants8. Concluding RemarksChapter 6: Spain1. Introduction2. The Spanish Phenomenon of Dual Nationality3. The Background of the Treaties on Dual Nationality4. The Spanish Constitution of 19785. Differences between the Conventional and the Legal Routes to Dual Nationality (vía convencional/vía legal)6. The Additional Protocols to the Dual Nationality Treaties7. Particularities concerning the Spanish-Guatemalan Treaty8. Interlude: The Italian-Argentinean treaty on Dual Nationality and the Bilateral Treaties Concluded between Portugal and Some of its Former Colonies9. Case C-369/90 Micheletti [1992]10. Developments in Spanish Nationality Law after the Enactment of the 1978 Constitution: Modification of Spanish Nationality Law by Law 51/198211. Modification of Spanish Nationality Law by Law 18/199012. Modification of Spanish Nationality Law by Law 36/200213. Law 52/2007 and Option Rights to Spanish Nationality14. Concluding RemarksGeneral Conclusions; Bibliography