Citizenship of the European Union - Wikipedia, The Free Encyclopedia

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EU member states use a common passport design, burgundy coloured with the name of the member state, Coat of Arms and the title

"European Union" (in the language(s) of the issuing country).

Citizenship of the European UnionFrom Wikipedia, the free encyclopedia

Citizenship of the European Unionwas introduced by the Maastricht Treaty, which was signed in 1992, and has been in force

since 1993. European citizenship is supplementary to national citizenship and affords rights such as the right to vote in

European elections, the right to free movement, settlement and employment across the EU, and the right to consular protection

by other EU states' embassies when a person's country of citizenship does not maintain an embassy or consulate in the country

they need protection in.[1]

Contents

1 History

2 Stated rights

2.1 Free movement rights

3 Acquisition

3.1 Summary of member states' nationality laws

4 Danish opt-out

5 See also

6 Further reading7 References

8 External links

History

EU citizenship as a distinct concept was first introduced by the Maastricht Treaty, and was extended by the Treaty of

Amsterdam.[2]

Prior to the 1992 Maastricht Treaty, the European Communities treaties provided guarantees for the free

movement of economically active persons, but not, generally, for others. The 1951 Treaty of Paris[3]establishing the European

Coal and Steel Community established a right to free movement for workers in these industries and the 1957 Treaty of Rome[4]

provided for the free movement of workers and services.

However, the Treaty provisions were interpreted by the European Court of Justice not as having a narrow economic purpose,

but rather a wider social and economic purpose.[5]InLevin,[6]the Court found that the "freedom to take up employment was

important, not just as a means towards the creation of a single market for the benefit of the Member State economies, but as a

right for the worker to raise her or his standard of living".[5]

Under the ECJ caselaw, the rights of free movement of workers

applies regardless of the worker's purpose in taking up employment abroad,[6]

to both part-time and full-time work,[6]

and

whether or not the worker required additional financial assistance from the Member State into which he moves.[7]Since, the

ECJ has held[8]

that a recipient of service has free movement rights under the treaty and this criterion is easily fulfilled,[9]

effectively every national of an EU country within another Member State, whether economically active or not, had a right

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under Article 12 of the European Community Treaty to non-discrimination even prior to the Maastricht Treaty.[10]

InMartinez Sala,[11]the European Court of Justice held that the citizenship provisions provided substantive free movement

rights in addition to those already granted by Union law.

Stated rights

Historically, the main benefit of being a citizen of an EU state has been that of free movement. The free movement also applies

to the citizens of European Economic Area states[12]and Switzerland.[13]However with the creation of EU citizenship, certain

political rights came into being. The Treaty on the Functioning of the European Union[14]provides for citizens to be "directly

represented at Union level in the European Parliament", and "to participate in the democratic life of the Union" (Treaty on

the European Union, Title II, Article 10). Specifically, the following rights are afforded;

Political rights

Voting in European elections: a right to vote and stand in elections to the European Parliament, in any EU member

state (Article 22)

Voting in municipal elections: a right to vote and stand in local elections in an EU state other than their own, under the

same conditions as the nationals of that state (Article 22)

Accessing European government documents: a right to access to European Parliament, Council, and Commission

documents (Article 15).

Petitioning Parliament and the Ombudsman: the right to petition the European Parliament and the right to apply to the

European Ombudsman in order to bring to his attention any cases of poor administration by the EU institutions and

bodies, with the exception of the legal bodies (Article 24)[15]

Linguistic rights: the right to apply to the EU institutions in one of the official languages and to receive a reply in that

same language (Article 24).

Rights of free movement

Right to free movement and residence: a right of free movement and residence throughout the Union and the right to

work in any position (including national civil services with the exception of those posts in the public sector that involve

the exercise of powers conferred by public law and the safeguard of general interests of the State or local authorities

(Article 21) for which however there is no one single definition);

Freedom from discrimination on nationality: a right not to be discriminated against on grounds of nationality within

the scope of application of the Treaty (Article 18);

Rights abroad

Right to consular protection: a right to protection by the diplomatic or consular authorities of other Member States

when in a non-EU Member State, if there are no diplomatic or consular authorities from the citizen's own state (Article

23): this is due to the fact that not all member states maintain embassies in every country in the world (16 countries have

only one embassy from an EU state[16]

).

Free movement rights

Article 21 Freedom to move and reside

Article 21 (1) of the Treaty on the Functioning of the European Union[14]states that


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Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States,

subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.

The European Court of Justice has remarked that,

EU Citizenship is destined to be the fundamental status of nationals of the Member States[17]

The ECJ has held that this Article confers a directly effective right upon citizens to reside in another Member State.[17][18]

Before the case ofBaumbast,[18]it was widely assumed that non-economically active citizens had no rights to residence

deriving directly from the EU Treaty, only from directives created under the Treaty. InBaumbast, however, the ECJ held that

(the then[19]) Article 18 of the EC Treaty granted a generally applicable right to residency, which is limited by secondary

legislation, but onlywhere that secondary legislation is proportionate.[20]

Member States can distinguish between nationals and

Union citizens but only if the provisions satisfy the test of proportionality.[21]

Migrant EU citizens have a "legitimate

expectation of a limited degree of financial solidarity... having regard to their degree of integration into the host society"[22]

Length of time is a particularly important factor when considering the degree of integration.

The ECJ's case law on citizenship has been criticised for subjecting an increasing number of national rules to the proportionality

assessment.[21]

Article 45 Freedom of movement to work

Article 45 of the Treaty on the Functioning of the European Union[14]

states that

1. Freedom of movement for workers shall be secured within the Union.

2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers

of the Member States as regards employment, remuneration and other conditions of work and employment.

State employment reserved exclusively for nationals varies between member states. For example, training as a barrister in

Britain and Ireland is not reserved for nationals, while the corresponding French course qualifies one as a 'juge' and hence can

only be taken by French citizens. However, it is broadly limited to those roles that exercise a significant degree of public

authority, such as judges, police, the military, diplomats, senior civil servants or politicians. Note that not all Member States

choose to restrict all of these posts to nationals.

Much of the existing secondary legislation and case law was consolidated[23]in the Citizens' Rights Directive 2004/38/EC on

the right to move and reside freely within the EU.[24]

Limitations

New member states may undergo transitional regimes, during which their nationals only enjoy restricted access to labour

markets in other member states. EU member states are permitted to keep restrictions on citizens of the newly acceded countries

for a maximum of seven years after accession. For the EFTA states (Iceland, Lichtenstein, Norway and Switzerland), the

maximum is nine years.

Following the 2004 enlargement, three "old" member statesIreland, Sweden and the United Kingdomdecided to allow

unrestricted access to their labour markets. By December 2009, all but two member statesAustria and Germanyhad

completely dropped controls. These restrictions too expired on 1 May 2011.[25]

Following the 2007 enlargement, all pre-2004 member states except Finland and Sweden imposed restrictions on Bulgarian and

Romanian citizens, as did two member states that joined in 2004: Malta and Hungary. As of November 2012, all but 8 EU

countries have dropped restrictions entirely. These restrictions too expired on 1 January 2014. Norway opened its labour

market in June 2012, while Switzerland and Lichtenstein may keep restrictions in place until 2016.[25]


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Following the 2013 enlargement, it is expected that some countries will implement restrictions on Croatian nationals following

the country's EU accession on 1 July 2013. As of July 2013, all but 13 EU countries have dropped restrictions entirely.[26]

The

UK Home Office has announced a bill to this effect.[27]

Acquisition

There is no common EU policy on the acquisition of European citizenship as it is supplementary to national citizenship (one

cannot be an EU citizen without being a national of a member state). Article 20 (1) of the Treaty on the Functioning of the

European Union[14]states that:

"Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a

citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship."

While nationals of Member States are citizens of the union, "It is for each Member State, having due regard to Union law, to lay

down the conditions for the acquisition and loss of nationality."[28]

As a result, there is a great variety in rules and practices

with regard to the acquisition and loss of citizenship in EU member states.[29]

Thus in practice, a member state may withhold EU citizenship from certain groups of citizens namely some in overseas

territories of member states outside the EU. One example would be the Faroe Islands of Denmark which, though a part ofDenmark, are outside the EU and do not have EU citizenship.

Summary of member states' nationality laws

This is a summary of nationality laws for each of the twenty-eight EU member states.[30]


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Member

State Acquisition by birth Acquisition by descent

Acquisition by

marriage

Acquisition by

naturalisation

Multiple nationality

permitted

Austria

Persons born in

Austria:

at least one of

whose marriedparents is an

Austrian citizen

out of wedlock

and whose

mother is

Austrian citizen

who is foundling

and is found out

under the age of

6 months

Austrian nationality is

acquired by descent under

one of the following

conditions:

born to Austrian

parents

born after January 9,

1983 and if parents

are married at the

time of birth,

Austrian citizenship

of either the mother

or the father is

sufficient

born before or on

January 9, 1983:

father must have been

an Austrian citizen;

children born to an

Austrian mother

married to a

non-Austrian father

do not qualify. If

parents are not

married, however, a

father cannot pass on

Austrian citizenship,

whereas a mother can

should the parents

happen to marry at

some time after birth,

citizenship is

automatically granted

to child retroactively.

If the child is over 14

at that time, child's

consent is needed.

6 years'

residence if

married for at

least 5 years

(and general

citizenship

conditions are

met, including

German

language

proficiency)

6 years'

residence if born

in Austria,

citizen ofanother EEC

country, granted

asylum, or

"exceptionally

integrated"

depending on

fulfillment of

other conditions,

up to 30 years'

residence

Only allowed with

special permission or

if dual citizenship was

obtained at birth

(binational parents

[one Austrian, one

foreign] or birth in a

jus-solicountry such

as USA and Canada)

Belgium

Persons born in

Belgium who:

are stateless

are foundlings

lose any other

nationality

Belgian nationality is



conditions:

Belgian citizen father

Yesafter 3 years

cohabitation in

Belgium

5 years'

residencecan

petition federal

government

10 years'

residence

Yes

Conditions


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before 18

have a parent

born in Belgium

have a birth or

adopted parent

resident in

Belgium for at

least 5 of the

past 10 years

automatic by

request at city

hall

2 years'

residence

(stateless

persons)

Bulgaria

Persons born in

Bulgaria who:

are stateless

are foundlings

Bulgarian nationality is



conditions:

At least one parent is

a Bulgarian citizen

Any person of

Bulgarian ethnicity;

Also, member of a

historical Bulgarian

ethnic community

(e.g. in Ukraine,

Moldova) (no limit

on number of

generations).

The applicant

should be at

least 18 years

old;

have

permission

for permanent

or for

long-term

residence in

Bulgaria since

at least 3

years;

have not been

investigated

or sentenced

by the

Bulgarian

authorities;

have income

or occupation;

be able to

speak and

write in

Bulgarian;

renounce

previous

citizenship

(not

applicable to

citizens of the

EU and EEA

countries,

Switzerland

and countries

with

The applicant

should be at

least 18 years

old;

have permission

for permanent or

for long-termresidence in

Bulgaria since at

least 5 years;

have not been

investigated or

sentenced by the

Bulgarian

authorities;

have income or

occupation;be able to speak

and write in

Bulgarian;

renounce

previous

citizenship (not

applicable to

citizens of the

EU and EEA

countries,Switzerland and

countries with

reciprocity

agreement with

Bulgaria; dual

citizenship is

allowed for

them).

Yes - for

Bulgarian

citizens by

birth;

Yes - for

naturalized

citizens of theEU and EEA

countries,

Switzerland

and countries

with

reciprocity

agreement with

Bulgaria[31]

Conditions


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reciprocity

agreement

with Bulgaria;

dual

citizenship is

allowed for

them);

have marriage

to Bulgarian

citizen since

at least 3

years and the

marriage is

actual.

Croatia

Persons born in

Croatia:

At least one

parent is a

Croatian citizen

who is foundling

(but such

citizenship can

be revoked if

later established

both parents

were foreign

citizens)

Croatian nationality is



conditions:

Conditions: born to Croatian

parents born after March 1,

1991 and if parents are

married at the time of birth,

Croatian citizenship of

mother the father is required

should the parents happen to

marry at some time after

birth, citizenship is

automatically granted to

child retroactively. If the

child is over 14 at that time,

child's consent is needed. ?

8 years'

residence

(can be

shortened)

8 years'

residence

sufficient

knowledge of

Croatian

language

Yes, but persons

seeking to become

Croatian citizens by

naturalisation are to

renounce foreign

citizenship unless

applying by

'privileged

naturalisation' (e.g.

descendants of

Croatian emigrants)

Cyprus

Persons born in Cyprus

who:

are stateless

are foundlings

Cypriot nationality is



conditions:

born to Greek

Cypriot parent(s)

born to TurkishCypriot parent(s)

after 1974 whose

parent(s) was/were

citizen of the

Republic prior to

1974

Turkish Cypriots who

have lost their

citizenship after the

3 years'residence

7 years'residence

Yes

Conditions


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occupation in 1974

born to a Turkish

Cypriot parent and a

Turkish parent if the

Turkish parent is not

a settler after 1974

(marriage must not

have taken place in

Northern Cyprus after

1974)

Czech

Republic

Persons born in the

Czech Republic:

who are

foundlings

whose parents

are both

stateless, and at

least one of

whom is a Czech

permanent

resident

No

Holders of a

Czech

permanent

residence permitfor at least 5

years

Yes, effective January

1, 2014[32]

Denmark

Persons born in

Denmark who:

are foundlings

Danish nationality is



conditions:

The child's mother is

a Danish citizen;

The child's father is a

Danish citizen and the

parents are married;

6 years'

residence if

married for at

least 3 years

9 years'

residence

(holders of a

permanentresidence

permit)

8 years'

residence

(refugees and

stateless

persons)

No[33]

Estonia[34]

Persons born in Estonia

who:

are foundlings

Persons who have at

least one parent with

Estonian citizenship.

No (unless married

to an Estonian

citizen before 26

February 1992)

8 years'

residence

No (although Estonian

citizens by descentcannot be deprived of

their Estonian

citizenship)

Finland

Persons born in Finland

who:

are stateless, or

are foundlings

Finnish nationality is



conditions:

Minimum

residence

requirement

of four years

of residence.

Five years of

residence (or a

total of seven

years of

residence since

Yes

Conditions


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The child's mother is

a Finnish citizen;

the child's father is a

Finnish citizen and

the parents are

married;

the child's father who

died before the child

was born was a

Finnish citizen and

who was married to

the child's mother at

the time of his death;

or

the child's father, who

died before the birth

of the child, was a

Finnish citizen andthe child was born in

Finland out of

wedlock and the

father's paternity was

established.

age 15) in

Finland; andknowledge of at

least one of

Finnish, Swedish

or Finnish sign

language.

Reductions

apply under

certain

conditions.

France

At birth, persons

born in France

who:

are

stateless,

or

have a

parent

born in

France

At 13, persons

born in France

upon the parent's

request.

At 16, persons

born in France

upon their own

request.

At 18, persons

born in France

who:

have

French nationality is



conditions:

Through parentage

(right of blood):[35]

The child (legitimate

or natural) is Frenchif at least one parent

is French.

5 years'

marriage;

also, after 6

years outside

France

Holders of a

French

permanent

residence permit

for at least 5

years' residence

No residence

(former citizens

with conditions)

Yes


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resided in

France for

at least 5

years

since 11

Germany

Persons born in

Germany, if at least one

parent has resided in

Germany for at least 8

years and holds a

permanent residence

permit

German nationality is



conditions:

Through parentage

(right of blood)

Member of

recognized historical

German community

abroad (e.g. in theBalkans, Kazakhstan);

Also granted to

children/grandchildren

of those deprived of

citizenship by the

Nuremberg Laws

2 years of

marriage and

3 years of

continuous

residence in

Germany

8 years'

residence

7 years'

residence (if an

integration

course has been

completed)

6 years'

residence (if

especially well

integrated and

has a very high

command of the

German

language, or a

refugee or

stateless person)

No residence

(victims of Nazi

persecution)

No, unless:

the

non-German

citizenship is

obtained by

birth

(binational

parents [one

German, one

foreign] or

birth in a

jus-soli

country such

as USA and

Canada)

the

non-German

citizenship is

of an EU

country or

Switzerland

and obtained

by

naturalisation

the

non-German

citizenship is

obtained by

naturalisation

and

permission has

been granted

by the German

authorities

German

citizenship is

obtained by

naturalisation

by a refugee

German

Conditions


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citizenship is

obtained by

naturalisation

and permission

has been

granted by the

German

authorities to

keep the

non-German

citizenship

under 12

StAG

born in

Germany to at

least one legal

permanent

resident and

grown up

there. The

foreign parents

born and

grown up

abroad cannot

have dual

citizenship

themselves.

Greece

Persons born in Greece

who:

have a parent

born in Greeceare foundlings

are stateless

Greek nationality is



conditions:

Member of

recognized historical

Greek community

abroad in countries of

ex-USSR

Ethnic Greek of

different citizenship

accepted to military

academies, or

inscribes to serve to

the army, or enlists as

a volunteer in time of

war

3 years of

continuous

residence in

Greece and

has an

offspring from

the marriage

10 years

residence in the

last 12 years

5 years

residence in the

last 12 years for

refugees

Sufficient

knowledge of

Greek language,

Greek history,

and Greek

culture in

general

Athlete of an

Olympic Sport,

with 5 years

residence in the

last 12 years,

Yes


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who fulfills the

conditions of

being a member

of the Greek

National Team

of that sport, as

these are stated

by the

international

laws for that

sport

Hungary

Persons born in

Hungary who:

are foundlings

are stateless

Hungarian nationality is



conditions:

At least one parent is

a Hungarian citizen

Any person of

Hungarian ethnicity,

which has to be

proven by

sufficient level of

Hungarian language

1.

demonstrating at least

one ancestor born in

the Kingdom of

Hungary (no limit on

number of

generations).

2.

Yes After 3 years

After 8 years

and meeting

conditions of

good character

After 5 years if

born in

Hungary

resided in

Hungary

in their

pupillage

stateless

After 3 years if

married

to a

Hungarian

citizen

has a

minor

child that

is

Hungarian

citizen

adopted

by a

Hungarian

citizen

refugee in

Hungary

Yes

Ireland

Persons born in Ireland:

are

automatically an

Irish nationality is acquired

by descent under one of the

following conditions:

if at the time of birth,

3 years of

marriage or

civil

5 years of

residency in

Ireland, of which

Yes


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Irish citizen if he

or she is not

entitled to the

citizenship of

any other

country.

entitled to be an

Irish citizen if at

least one parent

is:

an Irish

citizen (or

someone

entitled to

be an

Irish

citizen).

a residentof the

island of

Ireland

who is

entitled to

reside in

either the

Republic

or in

NorthernIreland

without

any time

limit on

that

residence.

a legal

resident

of the

island ofIreland

for three

out of the

4 years

preceding

the child's

birth.

at least one parent

was an Irish citizen.

if you have an Irish

citizen grandparent

born on the island of

Ireland. The parent

would have

automatically been an

Irish citizen.

Grandchild can

secure citizenship by

registering themselves

in the Foreign Births

Register. Citizenship

gained via the Foreign

Births Register can

only be passed on to

children born after the

parent themselves

were registered.

partnership to

an Irish citizen

1 (one) year

immediately

before

application


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Italy

Persons born in Italy

who:

have a parent

born in Italy

are foundlings

are stateless

Italian nationality is



conditions:

(Rules are in place

that permit therecognition of Italian

nationality for many

members of the

Italian diaspora, even

generations after

departure. The rules

are complex.)

Citizenship was

accorded ethnic

Italians born in the

territory only in/after

1863.

After this, Italian

citizen fathers could

pass down

citizenship.

Mothers pass down

citizenship only for

children born in/after

1948.

A child gaininganother citizenship by

birth may also gain

Italian citizenship by

parentage, with no

interference. If such a

child is an Italian

citizen, he/she can

pass on citizenship

subject to the rules

above, like any other

Italian citizen.

A person naturalizing

to a foreign state

loses the right to pass

on citizenship to any

children he/she may

have after

naturalization.

A father's later

naturalization also

2 years of

legal

residence in

Italy (3 years

if living

abroad)

through

naturalisation

10 years'

residence, no

criminal record

and sufficient

financial

resources

7 years'

residence forchildren adopted

by Italian

citizens

5 years'

residence for

refugees or

stateless

individuals

4 years'

residence for EUmember states

nationals[36]

3 years'

residence for

descendants of

Italian

grandparents and

for foreigners

born in Italy

Yes

Conditions


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retroactively annulled

the child's citizenship

if the child was born

before 1910.

LatviaPersons born in Latvia

who:

Latvian nationality is



conditions:

After 5 years of

permanent

residence

Starting from October

the 1st, 2013 hereby

listed persons are

eligible[37]to havedual citizenship with

Latvia:

citizens of

member

countries of

EU, NATO and

EFTA (Iceland,

Liechtenstein,

Norway,

Switzerland)

citizens of

Australia,

Venezuela,

Brazil, New

Zealand

citizens of the

counties that

have had

mutual

recognition of

dual

citizenship with

Latvia

people who

were granted

the dual

citizenship by

the Cabinet of

Ministers of

Latvia

people of

Latvian or

Livonian

ethnicity or

exiles

registering

citizenship of

Latvia[38]


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people who

have applied

for dual

citizenship

before the

previous

Latvian

Citizenship law

(1995).

Lithuania

Persons born in

Lithuania who:

are stateless.

Lithuanian nationality is



conditions:

at least one parent is

a Lithuanian citizen

at least one direct

ancestor was

Lithuanian citizen

during the period of

1918-1940.

7 years of

permanent

residence and

demonstrating

Lithuanian

language

ability

No

Luxembourg

Persons born in

Luxembourg who:

are stateless, or

are foundlings,

orhave a parent

born in

Luxembourg

No7 consecutive

years' residence

Yes

Malta

Persons born in

Malta between

21 September

1964 and 31

July 1989

Persons born

outside Malta

between 21

September 1964

and 31 July

1989 to a father

with Maltese

citizenship

through birth in

Maltese nationality is



conditions:

Yes

5 years of marriage

to a Maltese citizen

(if de jureor defactoseparated, then

still living together

five years after the

marriage) or a

widow/widower of a

Maltese citizen five

years after the

marriage

5 years of residence Yes


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Malta,

registration or

naturalisation

Persons born on

or after 1 August

1989, inside or

outside Malta, to

at least one

parent with

Maltese

citizenship

through birth in

Malta,

registration or

naturalisation

Netherlands

Persons born in

Netherlands who:

see: "Dutch by

birth"

Dutch nationality is acquiredby descent under one of the

following conditions:

Persons with a Dutch

parent

3 years of

residence and

demonstrating

Dutch

language

ability

After 5 yearsuninterrupted

residence, with

continuous registration

in the municipal

register

Under certainconditions: e.g.

foreign citizenship

may be kept in the

event of naturalization

via marriage.

Poland Persons born in Poland.

Polish nationality is



conditions:

Certain descendants

of Polish citizens,

even after multiple

generations, can apply

for recognition:

Polish citizenship

begins 1920.

Acquisition of

foreign citizenshipprior to 1951 led to

the loss of Polish

nationality.

After this, any Polish

citizen transmits

nationality to all

his/her children and

nationality is only

lost by explicit

Yes

3 years of

residence with

permanent

residence permit

card under the

condition of

speaking polish

language

2 years of

residence with

permanent

residence permit

card under the

condition of

having polish

ethnicity

Yes but in Poland,

Polish identification

must be used and the

dual citizen is treated

legally as only Polish

Conditions


28 25/10/2014


18/28

request.

These children can

pass on nationality as

well.

Descendants of Polish-

language/ethnic persons in

some neighboring countries

including Belarus, Lithuania,

Russia, Kazakhstan, Ukraineet al., can apply for Karta

Polaka which gives many of

the same rights as Polish

citizenship but serves as a

substitute when acquisition

of Polish citizenship would

result in the loss of the

person's earlier citizenship.

Portugal

Persons born in

Portugal who:

are stateless

are foundlings

have a birth

parent resident

in Portugal for atleast 10 years on

a valid residence

permit

have a birth

parent with

citizenship of a

Lusophone

country and

resident in

Portugal for atleast 6 years on

a valid residence

permit

Portuguese nationality is

transmitted by descent under


conditions:

a child becomes a

Portuguese national

at birth, and

nationality is

recognized by the law

itself if at least one of

the parents of that

child is a Portuguese

national and the birth

takes place in

Portugal or in a

territory administered

by Portugal. (That

form of transmission

of nationality,

combining descent

from a Portuguese

parent and birth in

Portugal is the main


of the Portuguese

nationality). No

registration is

necessary for the

transmission of

nationality in that

case.

A person

married to a

Portuguese

national for at

least 3 years

can apply to

be registered

as a

Portuguese

national as a

matter of

right,

provided that

the

registration is

applied for

during the

marriage (and

not after its

dissolution by

death or

divorce).

Nationality

takes effect

upon

registration

and is not

retroactive,

and is not lost

by the

dissolution of

Naturalization

can be granted

at the State's

discretion to

persons who are

of age and who

reside in

Portugal for at

least six years

on a valid

permit, provided

that theydemonstrate

knowledge of

the Portuguese

language and

have never been

convicted of a

crime

punishable

under

Portuguese law

with a prison

term of 3 years

or more.

Naturalization

can be granted

to persons who

do not reside in

Portugal, or

who do not

satisfy the

Yes

Conditions

Naturalisation

conditions


28 25/10/2014


19/28

Nationality is also


itself at birth to a

child born outside

Portugal, provided

that the said child has

at least one

Portuguese parent,

and the birth takes

place outside

Portugal due to the

parent's service to the

Portuguese State

abroad. No

registration is

necessary for the

transmission of

nationality in that

case,

Nationality

retroactive to the

moment of birth is


to a person born

outside Portugal if at

least one of the birth

parents is a

Portuguese national,

but only if that

person's birth is

registered before the

Portuguese Civil

Registry or if a

declaration by that

person, stating that he

or she wants to be a

Portuguese citizen, is

lodged with the

Portuguese Civil

Registry. Theregistration of the

birth can be applied

for at any time during

the person's life, by

the parents, by

another legal

guardian of a minor,

or by the person

himself, if the person

the marriage.

condition of

residing in

Portugal for at

least six years

on a valid

permit, provided

that the person

applying is a

second degree

relative

(grandson or

granddaughter,

or a sibling) of a

Portuguese

citizen.

the Portuguese

Government can

also grant

naturalization to

foreigners who

are of age and

who meet

neither the

six-year legal

residency

requirement nor

the knowledge

of the

Portuguese

language

requirement,

provided that

the person was a

Portuguese

national in the

past, or that the

applicant is held

to be a

descendant of

Portuguesecitizens, or a

member of

Portuguese

communities

abroad, or

provided that

the applicant is

found to have

rendered, or is


28 25/10/2014


20/28

is already of age (18

years old or older).

The registration of

the birth or of the

declaration can be

made at any time

during the person's

life, but the

descendants of that

person cannot ask for

the registration after

that person is dead.

Thus, if one

generation is skipped,

the next generation

cannot register.

Registration can be

made either in

Portugal or by means

of a Portuguese

Consulate abroad. If

the registration is

applied to by means

of a Consulate, the

Consulate processes

the request and sends

the necessary papers

to the central registry

office of the

Portuguese Civil

Registry in Lisbon.

Given that the

registration produces

legal effects

retroactive to the

moment of birth, the

person, once

registered as a

Portuguese citizen, is

recognized by law asa natural born

citizen.(Sons and

daughters of that

person, even if born

before the moment of

that person's

registration, and even

if born outside

Portugal are therefore

expected to

render in the

future relevant

services to the

Portuguese

State or to the

national

community.

Minors born in

Portugal to

foreign parents

can by be

granted

Portuguese

Nationality by

the Government,

if, at the time of

the request

made on their

behalf by their

legal

representatives,

they have

completed the

first cycle of the

basic education

in Portugal, and

if one of the

parents legally

resides in

Portugal for at

least five years.

The

requirements of

being of age at

the time of the

request and of

legally residing

in Portugal for

at least six yearsare waived with

respect to a

minor meeting

those

conditions, but

the minor must

still demonstrate

sufficient

knowledge of


28 25/10/2014


21/28

themselves able to

apply for registration

as Portuguese

citizens, because their

parent is a Portuguese

citizen since birth.

Accordingly, this


of nationality,

combining descent

and registration,

allows for the

transmission of

Portuguese

nationality from

generation to

generation

indefinitely, even if

the members of the

successive

generations are born

outside Portugal and

never reside in

Portugal, provided

that registration is not

skipped by one

generation). Many

descendants of

Portuguese

immigrants,

especially in Brazil

and other Lusophone

countries, hold dual

nationality, being

recognized as natural

born Portuguese

citizens uponregistration under that

rule.

the Portuguese

language, and

must not have

been convicted

to crimes that

carry under

Portuguese law

a prison penalty

of thee years or

more.

Nationality is

granted as a

matter of right

(and not by

naturalization in

the strict sense)

to a person who

is a son or a

daughter of

someone who

acquires

Portuguese

Nationality by

naturalization,

provided that

the person was a

minor at the

time of the

parent's

naturalization,

and provided

that the person

in question,

either

represented by

his parents or by

another legal

guardian (during

minority or

incapacity), orby himself (once

of age) applies

to be registered

as a Portuguese

national.

Romania

Persons born in

Romania who:

Romanian nationality is



5 years'

residence in

8 years'

residenceYes[39]


28 25/10/2014


22/28

are foundlings

have Romanian

parents

conditions:

Persons with a

Romanian ancestor

up to 3 generations

back may be eligible

for citizenship:Persons with at least

one parent,

grandparent or great-

grandparent, born

anytime before 1940

in a location that was

in the Kingdom of

Romania between

1918 and 1940

(including Bessarabia

and Northern

Bukovina) and can

demonstrate

competence in the

Romanian language,

are eligible for

restoration of

citizenship.

Persons with a parent

or grandparent still

registered as aRomanian citizen,

may apply for

clarification of their

own citizenship.

Romanian citizenship

is NOT automatically

lost by naturalization

to a foreign country.

Romania

4 years'

residence (EU

citizens)

Slovakia

Persons born in

Slovakia who:

Slovak nationality is



conditions:

After 5 years'residence in

Slovakia, and

living in

Slovakia

without any

immigration

restrictions at

the time of

6 years'

residence (the

last year of

which without

any immigration

restrictions)

Dual citizenship ispermitted to Slovak

citizens who acquire a

second citizenship by

birth or through

marriage; and to

foreign nationals who

apply for Slovak

citizenship and meet

the requirements of

the Citizenship

Act.[40][41]

Conditions


28 25/10/2014


23/28

application

Slovenia

A child born in

Slovenia is a Slovenian

citizen if either parent

is a Slovenian citizen.

Where the child is born

outside Slovenia the

child will beautomatically

Slovenian if:

both parents are

Slovenian

citizens; or

one parent is

Slovenian and

the other parent

is unknown

and/or ofunknown

citizenship the

other is

stateless.

A person born outside

Slovenia with one

Slovenian parent who is

not Slovenian

automatically may

acquire Slovenian

citizenship through:

an application

for registration

as a Slovenian

citizen made at

any time before

age 36; or

taking up

permanent

residence in

Slovenia before

age 18.

Children adopted by

Slovenian citizens may

be granted Slovenian

citizenship.

Slovenian nationality is

acquired by descent underone of the following

conditions:

A person of

"Slovenian origin" up

to the fourth

generation in direct

descent or a former

Slovenian citizen may

be naturalised without

any residence

requirements.

A person who

is married to

a Slovenian

citizen for at

least two

years may be

naturalised

after one

year's

residence in

Slovenia

A total of 10

years residence

in Slovenia,

including 5

years continuous

residence before

the application

Dual

citizenship is

generally

permitted in

Slovenia,

except for

certain persons

seeking to

become

Slovenian

citizens by

naturalisation

they are to

renounce any

foreign

citizenship (the

requirement to

renounce

foreign

citizenship may

be waived

upon special

application).

SpainPersons born in Spain

who:Children of Spanish

citizens

1[42]year of

marriage and

10 years'

residence

Yes (if a

Spanish citizen


28 25/10/2014


24/28

are stateless, or

are foundlings

residence in

Spain

5 years'

residence

(refugees)

2 years'

residence (for

nationals of

Iberoamerica,

Andorra,

Philippines,

Equatorial

Guinea,

Portugal, or if

the individual is

a Sephardi Jew)

1 year'sresidence

(persons born in

Spain)

by

descent/origin);

if naturalising

in an

Iberoamerican

country,

Spanishand

EU

citizenshipis

"dormant"

until the return

to Spain; see

Multiple

citizenship.

No (if a

naturalised

Spanish citizen,

unless fromIberoamerica,

Andorra,

Philippines,

Equatorial

Guinea or

Portugal)

Sweden[43]

Persons born in Sweden

who:

are stateless, or

are foundlings

(canceled ifparents found)

Swedish nationality is



conditions:

Person: whose

mother is a Swedish

citizen,

or born in Sweden

whose father is a

Swedish citizen

whose father is a

Swedish citizen and

married to the mother

(also later marriage)

3 years'

marriage in

case residing

in Sweden, 10

years in case

living abroad

with a

Swedish

spouse andhas 'strong

ties' to

Sweden, by

family visits

and such

5 years normal

residence

permit(not the

time limited

residence/work

permit/Study

Permit) and must

hold Swedish

permanent

residence permit

at the time of

applying or

person with a

visa intended for

settlement in

Sweden with 5

years residence

in Sweden.

2 years if citizen

of a Nordic

country (i.e.

Yes

Conditions


28 25/10/2014


25/28

Denmark,

Finland, Iceland

and Norway)[44]

United

Kingdom

Persons born in United

Kingdom who:

see: "British by

birth"

British nationality is


one of the followingconditions:

see: "British by

descent"

6 years'

residence

(must be

without any

immigration

restrictions on

date of

application)

6 years'

residence (the

last year of

which without

any immigration

restrictions)

Yes

Danish opt-out

Denmark obtained four opt-outs from the Maastricht Treaty following the treaty's initial rejection in a 1992 referendum. The

opt-outs are outlined in the Edinburgh Agreement and concern the EMU (as above), the Common Security and Defence Policy(CSDP), Justice and Home Affairs (JHA) and the citizenship of the European Union. The citizenship opt-out stated that

European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the Amsterdam Treaty

adopted the same wording for all members. The policy of recent Danish governments has been to hold referenda to abolish

these opt outs, including formally abolishing the citizenship opt out which is still technically active even if redundant.

See also

Visa requirements for the European Union citizens

Passport of the European Union

National identity cards in the European Union

European Citizens' Initiative

European citizens' consultations

Spatial Citizenship

Europe for Citizens

Four Freedoms (European Union)

Naturalization

Further reading

Maas, Willem (2007). Creating European Citizens. Lanham: Rowman & Littlefield. ISBN 978-0-7425-5485-6.

Meehan, Elizabeth (1993). Citizenship and the European Community. London: Sage. ISBN 978-0-8039-8429-5.

O'Leary, Sofra (1996). The Evolving Concept of Community Citizenshippublisher=Kluwer Law International. The

Hague. ISBN 978-90-411-0878-4.

Soysal, Yasemin (1994).Limits of Citizenship. Migrants and Postnational Membership in Europe. University of Chicago

Press.

Wiener, Antje (1998). 'European' Citizenship Practice: Building Institutions of a Non-State. Boulder: Westview Press.

ISBN 0-8133-3689-9.


28 25/10/2014


26/28

European Commission. "Right of Union citizens and their family members to move and reside freely within the territory

of the Member States" (http://europa.eu/legislation_summaries/education_training_youth/lifelong_learning

/l33152_en.htm).

References

Ârticle 20(2)(c) of the Treaty on the Functioning of the

European Union.

1.

^This rendered the provision to the same effect in Protocol

no. 5 on the position of Denmark in the Treaty on the

European Union superfluous. See Ministry of Foreign Affairs

in Denmark. "The Danish Opt-Outs" (http://www.denmark.dk

/en/menu/AboutDenmark/GovernmentPolitics

/DenmarkAndTheEU/TheDanishOptouts/). Retrieved 24

November 2007.

2.

Ârticle 69 (http://www.ena.lu?lang=2&doc=823).3.

^Title 3 (http://www.ena.lu?lang=2&doc=3800).4.

^ abCraig, P., de Brca, G. (2003).EU Law: Text, Cases

and Materials(3rd ed.). Oxford, New York: Oxford

University Press. pp. 706711. ISBN 0-19-925608-X.

5.

âbcCase 53/81 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61981J0053:EN:NOT)D.M.

Levin v Staatssecretaris van Justitie.

6.

^Case 139/85 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61985J0139:EN:NOT)R. H.

Kempf v Staatssecretaris van Justitie.

7.

^Joined cases 286/82 and 26/83 (http://eur-lex.europa.eu

/LexUriServ

/LexUriServ.do?uri=CELEX:61982J0286:EN:NOT)

Graziana Luisi and Giuseppe Carbone v Ministero del

Tesoro.

8.

^Case 186/87 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61987J0186:EN:NOT)Ian

William Cowan v Trsor public.

9.

Âdvocate General Jacobs' Opinion (http://eur-

lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61996C0274:EN:NOT) in Case

C-274/96 Criminal proceedings against Horst Otto Bickel

and Ulrich Franzat paragraph [19].

10.

^Case C-85/96 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61996J0085:EN:NOT)Mara

Martnez Sala v Freistaat Bayern.

11.

^"EEA Agreement" (http://www.efta.int/eea/eea-

agreement.aspx). European Free Trade Association.

Retrieved 19 April 2013.

12.

^ "Switzerland" (http://eeas.europa.eu/switzerland

/index_en.htm). European Commission. Retrieved 19 April

2013.

13.

âbcdTreaty on the Function of the European Union

(http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:EN:PDF)

(consolidated version)

14.

^This right also extends to "any natural or legal person

residing or having its registered office in a Member State":

Treaty of Rome (http://eur-lex.europa.eu/en/treaties

/dat/12002E/htm/C_2002325EN.003301.html) (consolidated

version), Article 194.

15.

Ântigua and Barbuda (UK), Barbados (UK), Belize (UK),

Central African Republic (France), Comoros (France),

Djibouti (France), Gambia (UK), Guyana (UK), Lesotho

(Ireland), Liberia (Germany), Saint Vincent and the

Grenadines (UK), San Marino (Italy), So Tom and Prncipe

(Portugal), Solomon Islands (UK), Timor-Leste (Portugal),

Vanuatu (France)

16.

âbCase C-184/99 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61999J0184:EN:NOT)Rudy

Grzelczyk v Centre public d'aide sociale d'Ottignies-

Louvain-la-Neuve.

17.

âbCase C-413/99 (http://eur-lex.europa.eu/LexUriServ


Baumbast and R v Secretary of State for the Home

Department, para. [85]-[91].

18.

^Now article 2019.

^Durham European Law Institute, European Law Lecture

2005 (http://www.ecas.org/file_uploads/1055.pdf), p. 5.

20.

âbAnthony Arnull; Alan Dashwood; Michael Dougan;

Malcolm Ross; Eleanor Spaventa and Derrick Wyatt.;

Dashwood, A. and others (2006).European Union Law(5th

ed.). Sweet & Maxwell. ISBN 978-0-421-92560-1.

21.


28 25/10/2014


27/28

^Dougan, M. (2006). "The constitutional dimension to the

case law on Union citizenship".European Law Review31

(5): 613641.. See also Case C-209/03 (http://eur-


/LexUriServ.do?uri=CELEX:62003J0209:EN:NOT)R (Dany

Bidar) v. London Borough of Ealing and Secretary of State

for Education and Skills, para. [56]-[59].

22.

^European Commission. "Right of Union citizens and theirfamily members to move and reside freely within the territory

of the Member States" (http://europa.eu

/legislation_summaries/education_training_youth

/lifelong_learning/l33152_en.htm). Retrieved 26 December

2007.

23.

^Directive 2004/38/EC (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:32004L0038:EN:NOT) of the

European Parliament and of the Council of 29 April 2004 on

the right of citizens of the Union and their family members to

move and reside freely within the territory of the MemberStates.

24.

^ ab"Free movement of labour in the EU 27"

(http://www.euractiv.com/en/socialeurope/free-movement-

labour-eu-27/article-129648#). Euractiv. 25 November 2009.

Retrieved 27 December 2009.

25.

^[1] (http://europa.eu/youreurope/citizens/work/abroad

/work-permits/index_en.htm)

26.

^"UK bill proposing work restrictions on Croatian nationals"

(http://www.homeoffice.gov.uk/publications/immigration

/croatia-eu-accession/). 18 October 2012. Retrieved 16November 2012.

27.

^Case C-396/90 (http://eur-lex.europa.eu/LexUriServ


Micheletti v. Delegacin del Gobierno en Cantabria, which

established that dual-nationals of a Member State and a

non-Member State were entitled to freedom of movement;

case C-192/99 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61999J0192:EN:NOT)R v.

Secretary of State for the Home Department, ex p. Manjit

Kaur. It is not an abuse of process to acquire nationality in aMember State solely to take advantage of free movement

rights in other Member States: case C-200/02 (http://eur-


/LexUriServ.do?uri=CELEX:62002J0200:EN:NOT)Kunqian

Catherine Zhu and Man Lavette Chen v Secretary of State

for the Home Department.

28.

^Dronkers, J. and M. Vink (2012). Explaining Access to

Citizenship in Europe: How Policies Affect Naturalisation

Rates. European Union Politics 13(3) 390-412

(http://eup.sagepub.com/content/13/3/390.abstract); Vink, M.

and G.R. de Groot (2010). Citizenship Attribution in Western

Europe: International Framework and Domestic Trends.

Journal of Ethnic and Migration Studies, 36(5) 713-734

(http://www.tandfonline.com/doi/abs/10.1080/13691831003763914).

29.

^See the EUDO Citizenship Observatory (http://eudo-

citizenship.eu) for a comprehensive database with

information on regulations on the acquisition and loss of

citizenship across Europe.

30.

^Law on the Bulgarian citizenship (http://lex.bg/bg/laws

/ldoc/2134446592)

31.

^http://www.mzv.cz/consulate.newyork

/en/visa_and_consular_information

/about_czech_citizenship_and_dual/new_citizenship_legislation_of_the_czech.html

32.

^[2] (http://www.nyidanmark.dk/en-us/coming_to_dk

/danish_nationality/conditions_to_be_satisfied.htm)

33.

^ https://www.riigiteataja.ee/en/eli/530102013074/consolide34.

^http://www.consulfrance-newyork.org/Nationality35.

^"Criteria underlying legislation concerning citizenship"

(http://www.interno.gov.it/mininterno/export/sites/default

/it/temi/cittadinanza/Sottotema_007_English_version.html).

Ministero Dell'Interno. Retrieved June 2014.

36.

^ http://rus.delfi.lv/news/daily/latvia/dvojnoe-grazhdanstvo-u-posolstv-latvii-pribavitsya-raboty.d?id=43347235

37.

^http://www.pmlp.gov.lv/en/home/citizenship/registration-

if-citizenship/registration-of-citizenship-of-latvians-

and-livs.html

38.

^[3] (http://cetatenie.just.ro

/LinkClick.aspx?fileticket=phPO-UBU_zQ%3d&tabid=42&

mid=405)

39.

^"Slovak Citizenship Requirements & Application"

(http://www.slovak-republic.org/citizenship/). Slovak-

Republic.org. Retrieved 2013-09-26.

40.

^Futej & Partners,Memorandum: Extensive amendment to

the act on Slovak state citizenship(http://www.futej.sk

/data/enu/Legal%20Information%20and%20Analysis

/Memorandum-Extensive-amendment-to-the-act-on-Slovak-

state-citizenship.pdf), Bratislava

41.


28 25/10/2014


28/28

^http://www.realinstitutoelcano.org/wps/portal

/web/rielcano_en/contenido?WCM_GLOBAL_CONTEXT=

/elcano/elcano_es/zonas_es/demografia+y+poblacion

/ari4-2014-gonzalez-enriquez-price-spanish-and-european-

citizenship

42. ^Law (2001:82) on Swedish citizenship43.

^"Krav fr medborgarskap fr dig som r nordisk

medborgare" (http://www.migrationsverket.se/info/397.html)

(in Swedish). Migrationsverket. 5 January 2012. Retrieved 1

July 2013.

44.

External links

EU Citizenship (http://ec.europa.eu/justice/citizen/index_en.htm), European Commission Directorate-General for Justice

EUDO Citizenship Observatory (http://eudo-citizenship.eu)

Retrieved from "http://en.wikipedia.org/w/index.php?title=Citizenship_of_the_European_Union&oldid=626920973"

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