Citizenship of The European Union

Citizenship of the European Union - Wikipedia, the free encyclopedia
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http://en.wikipedia.org/wiki/Citizenship_of_the_European_Union
Citizenship of the European Union

From Wikipedia, the free encyclopedia
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 Union was 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 reading
7 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] In Levin,[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]
In Martinez 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 of Baumbast,[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. In Baumbast, 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 only where 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 of
Denmark, 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
Austrian nationality is
acquired by descent under
one of the following
conditions:
Conditions
born to Austrian
parents
born after January 9,
1983 and if parents
are married at the
time of birth,
Persons born in
Austria:
6 years'
of either the mother

or the father is
6 years'
sufficient
whose married
residence if
born before or on
parents is an
married for at
January 9, 1983:
Austrian citizen
least 5 years
father must have been
out of wedlock
(and general
an Austrian citizen;
and whose
citizenship
children born to an
mother is
Austrian mother
Austrian citizen
married to a
who is foundling
non-Austrian father
and is found out
do not qualify. If
under the age of
parents are not
6 months
married, however, a
at least one of
Austria
Austrian citizenship
conditions are
met, including
German
language
proficiency)
residence if born
in Austria,
citizen of
Only allowed with

special permission or
country, granted if dual citizenship was
obtained at birth
asylum, or
(binational parents
"exceptionally
[one Austrian, one
integrated"
foreign] or birth in a
jus-soli country such
depending on
as USA and Canada)
fulfillment of
another EEC
other conditions,
up to 30 years'
residence
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.
Persons born in
Belgium who:
Belgium
are stateless
are foundlings
lose any other
nationality
Belgian nationality is
conditions:
Belgian citizen father
5 years'
Yesafter 3 years
cohabitation in
Belgium
residencecan
petition federal
Yes
government
10 years'
residence
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before 18
have a parent
automatic by
born in Belgium
request at city
have a birth or
hall
adopted parent
2 years'
resident in
residence
Belgium for at
(stateless
least 5 of the
persons)
past 10 years
The applicant
should be at
least 18 years
old;
have
permission
for permanent
or for
long-term
residence in
Bulgarian nationality is
conditions:
Bulgaria since
at least 3
years;
have not been
Conditions
At least one parent is
or sentenced
a Bulgarian citizen
by the
Any person of
Bulgarian
are stateless
Bulgarian ethnicity;
authorities;
are foundlings
Also, member of a
have income
historical Bulgarian
or occupation;
ethnic community
be able to
(e.g. in Ukraine,
speak and
Moldova) (no limit
write in
on number of
Bulgarian;
generations).
renounce
Persons born in
Bulgaria who:
Bulgaria
investigated
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-term
residence in
Bulgaria since at
least 5 years;
have not been
Yes - for
investigated or
Bulgarian
sentenced by the
citizens by
Bulgarian
birth;
authorities;
Yes - for
have income or
naturalized
occupation;
citizens of the
be able to speak
EU and EEA
and write in
countries,
Bulgarian;
Switzerland
renounce
and countries
previous
with
citizenship (not
reciprocity
applicable to
agreement with
citizens of the
Bulgaria [31]
EU and EEA
countries,
Switzerland and
countries with
reciprocity
agreement with
Bulgaria; dual
citizenship is
allowed for
them).
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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.
Persons born in
Croatia:
At least one
Croatian nationality is
conditions:
parent is a
Croatia
Conditions: born to Croatian

Croatian citizen parents born after March 1,
who is foundling 1991 and if parents are
married at the time of birth,
(but such
Croatian citizenship of
citizenship can mother the father is required
should the parents happen to
be revoked if
marry at some time after
later established birth, citizenship is
both parents
automatically granted to
child retroactively. If the
were foreign
child is over 14 at that time,
citizens)
child's consent is needed. ?
8 years'
8 years'
residence
residence
sufficient
(can be
knowledge of
shortened)
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)
Cypriot nationality is
conditions:
Conditions
born to Greek
Persons born in Cyprus

who:
Cypriot parent(s)
born to Turkish
3 years'
7 years'
are stateless
Cypriot parent(s)
residence
residence
are foundlings
after 1974 whose
Cyprus
Yes
parent(s) was/were
citizen of the
Republic prior to
1974
Turkish Cypriots who
have lost their
citizenship after the
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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)
Persons born in the

Czech Republic:
who are
Holders of a
foundlings
Czech
Republic
Czech
whose parents
No
are both
stateless, and at
permanent
residence permit
Yes, effective January

1, 2014[32]
for at least 5
least one of
years
whom is a Czech
permanent
resident
9 years'
Danish nationality is
conditions:
Persons born in
Denmark who:
Denmark
are foundlings
residence
(holders of a
6 years'
The child's mother is
residence if
a Danish citizen;
married for at
The child's father is a
least 3 years
Danish citizen and the
permanent
residence
permit)
No[33]
8 years'
residence
(refugees and
parents are married;
stateless
persons)
Persons born in Estonia

who:
Estonia[34]
are foundlings
Persons who have at

least one parent with
Estonian citizenship.
Persons born in Finland Finnish nationality is

who:
Finland
are stateless, or conditions:
are foundlings
Conditions
No (unless married
to an Estonian
citizen before 26
February 1992)
8 years'
residence
Minimum
Five years of
residence
residence (or a
requirement
total of seven
of four years
years of
of residence.
residence since
No (although Estonian
citizens by descent
cannot be deprived of
their Estonian
citizenship)
Yes
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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;
age 15) in
the child's father who
Finland; and
died before the child
knowledge of at
was born was a

Finnish citizen and
least one of
who was married to
Finnish, Swedish
the child's mother at
or Finnish sign
the time of his death;
language.
or
Reductions
the child's father, who
apply under
died before the birth
certain
of the child, was a
conditions.
Finnish citizen and

the child was born in
Finland out of
wedlock and the
father's paternity was
established.
At birth, persons
born in France
who:
are
stateless,
or
have a
parent
born in
France
France
French nationality is
conditions:
Holders of a
French
5 years'
permanent
At 13, persons
Through parentage
marriage;
residence permit
born in France
(right of blood):[35]
also, after 6
for at least 5
upon the parent's
The child (legitimate
years outside
years' residence
request.
or natural) is French
France
No residence
At 16, persons
if at least one parent
born in France
is French.
Yes
(former citizens
with conditions)
upon their own

request.
At 18, persons
born in France
who:
have
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resided in
France for
at least 5
years
since 11
No, unless:
Conditions
the
non-German
citizenship is
obtained by
birth
(binational
parents [one
German nationality is
conditions:
(right of blood)
Germany
Member of
recognized historical
German community
abroad (e.g. in the
Balkans, Kazakhstan);
Also granted to
children/grandchildren
of those deprived of
citizenship by the
Nuremberg Laws
German, one
residence
foreign] or
7 years'
birth in a
residence (if an
integration
course has been
Through parentage
Persons born in
Germany, if at least one
parent has resided in
Germany for at least 8
years and holds a
permanent residence
permit
8 years'
completed)
jus-soli
country such
as USA and
Canada)
the
2 years of
6 years'
marriage and
residence (if
3 years of
especially well
of an EU
continuous
integrated and
country or
residence in
has a very high
Switzerland
Germany
command of the
and obtained
German
by
language, or a
naturalisation
refugee or
the
stateless person)
non-German
No residence
citizenship is
(victims of Nazi
obtained by
persecution)
naturalisation
non-German
citizenship is
and
permission has
been granted
by the German
authorities
German
citizenship is
obtained by
naturalisation
by a refugee
German
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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.
10 years
residence in the
Greek nationality is
conditions:
last 12 years
5 years
residence in the
Member of
Persons born in Greece
who:
Greece
last 12 years for
recognized historical
3 years of
refugees
Greek community
continuous
Sufficient
abroad in countries of
have a parent
residence in
knowledge of
ex-USSR
born in Greece
Greece and
Greek language,
Ethnic Greek of
are foundlings
has an
Greek history,
different citizenship
are stateless
offspring from
and Greek
accepted to military
the marriage
culture in
academies, or
general
inscribes to serve to
Athlete of an
the army, or enlists as
Olympic Sport,
a volunteer in time of
with 5 years
war
residence in the
Yes
last 12 years,
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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
After 8 years
and meeting
conditions of
good character
After 5 years if
born in
Hungarian nationality is
conditions:
Persons born in
Hungary who:
Hungary
are foundlings
are stateless
Hungary
resided in
Hungary
At least one parent is
in their
a Hungarian citizen
pupillage
Any person of
stateless
Hungarian ethnicity,
After 3 years if
married
which has to be
proven by
Yes After 3 years
to a
Yes
Hungarian
1. sufficient level of
citizen
Hungarian language
has a
2. demonstrating at least
minor
one ancestor born in
child that
the Kingdom of
is
Hungary (no limit on
Hungarian
number of
citizen
generations).
adopted
by a
Hungarian
citizen
refugee in
Hungary
Persons born in Ireland: Irish nationality is acquired

by descent under one of the
Ireland
are
following conditions:
automatically an
3 years of
5 years of
marriage or
residency in
civil
Ireland, of which
Yes
if at the time of birth,
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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 resident
of the
island of
Ireland
who is
entitled to
reside in
either the
Republic
or in
Northern
Ireland
without
any time
limit on
that
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.
1 (one) year
Grandchild can
partnership to
immediately
secure citizenship by
an Irish citizen
before
registering themselves
application
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.
residence.
a legal
resident
of the
island of
Ireland
for three
out of the
4 years
preceding
the child's
birth.
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Italian nationality is
conditions:
Conditions
(Rules are in place
that permit the
recognition of Italian
nationality for many
members of the
10 years'
Italian diaspora, even
residence, no
generations after
criminal record
departure. The rules
and sufficient
are complex.)
financial
Citizenship was
resources
accorded ethnic
7 years'
Italians born in the
residence for
territory only in/after
children adopted
1863.
Persons born in Italy

who:
Italy
have a parent
born in Italy
are foundlings
are stateless
After this, Italian
2 years of
citizen fathers could
legal
pass down
citizenship.
Mothers pass down
citizenship only for
children born in/after
1948.
A child gaining
residence in
Italy (3 years
if living
abroad)
through
naturalisation
by Italian
citizens
5 years'
residence for
refugees or
stateless
individuals
4 years'
residence for EU
another citizenship by
member states
birth may also gain
nationals[36]
Italian citizenship by
3 years'
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
Yes
residence for
descendants of
Italian
grandparents and
for foreigners
born in Italy
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
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retroactively annulled
the child's citizenship
if the child was born
before 1910.
Starting from October

the 1st, 2013 hereby
listed persons are
eligible[37] to have
dual 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
Persons born in Latvia
Latvia
who:
Latvian nationality is
conditions:
After 5 years of
counties that
permanent
have had
residence
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).
Lithuanian nationality is
conditions:
7 years of
permanent
Persons born in
Lithuania who:
Lithuania
are stateless.
at least one parent is
residence and
a Lithuanian citizen
demonstrating
at least one direct
Lithuanian
ancestor was
language
Lithuanian citizen
ability
No
during the period of

1918-1940.
Persons born in
Luxembourg who:
are stateless, or
are foundlings,
Luxembourg
No
or
7 consecutive
years' residence
Yes
have a parent
born in
Luxembourg
Persons born in
Malta between
Yes
21 September
1964 and 31
July 1989
Persons born
Malta
outside Malta
between 21
September 1964
and 31 July
1989 to a father
with Maltese
Maltese nationality is
conditions:
5 years of marriage
to a Maltese citizen
(if de jure or de
facto separated, then
still living together
5 years of residence
five years after the
marriage) or a
widow/widower of a
Maltese citizen five
years after the
marriage
Yes
citizenship
through birth in
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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
Persons born in
Netherlands who:
Netherlands
see: "Dutch by
birth"
Dutch nationality is acquired

by descent under one of the
following conditions:
Persons with a Dutch
parent
3 years of
After 5 years
Under certain
uninterrupted
conditions: e.g.
demonstrating residence, with
foreign citizenship
continuous registration
may be kept in the
Dutch
in the municipal
event of naturalization
language
register
via marriage.
ability
residence and
Polish nationality is
conditions:
3 years of
Conditions
residence with
Certain descendants
permanent
of Polish citizens,
residence permit
even after multiple
card under the
generations, can apply
condition of
for recognition:
speaking polish
Polish citizenship
Poland Persons born in Poland.
begins 1920.
Yes
language
2 years of
Acquisition of
residence with
foreign citizenship
permanent
prior to 1951 led to
residence permit
the loss of Polish

nationality.
After this, any Polish
citizen transmits
nationality to all
Yes but in Poland,

Polish identification
must be used and the
dual citizen is treated
legally as only Polish
card under the

condition of
having polish
ethnicity
his/her children and

nationality is only
lost by explicit
25/10/2014 7:39 PM
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request.
These children can
pass on nationality as
well.
Descendants of Polishlanguage/ethnic persons in
some neighboring countries
including Belarus, Lithuania,
Russia, Kazakhstan, Ukraine
et 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.
Portuguese nationality is
transmitted by descent under
conditions:
Naturalisation
conditions
married to a
Naturalization
Portuguese
can be granted
national for at
at the State's
least 3 years
discretion to
a child becomes a
can apply to
persons who are
Portuguese national
be registered
of age and who
at birth, and
as a
reside in
nationality is
Portuguese
Portugal for at
recognized by the law
national as a
itself if at least one of
matter of
the parents of that
right,
child is a Portuguese
provided that
national and the birth
the
a valid residence
takes place in
registration is
permit
Portugal or in a
applied for
have a birth
territory administered
language and
during the
parent with
by Portugal. (That
have never been
marriage (and
citizenship of a
form of transmission
convicted of a
not after its
Lusophone
of nationality,
crime
country and
combining descent
dissolution by
punishable
resident in
from a Portuguese
death or
under
parent and birth in
divorce).
Portuguese law
Portugal for at
Portugal is the main
Nationality
with a prison
least 6 years on
takes effect
term of 3 years
a valid residence
of the Portuguese
upon
or more.
permit
nationality). No
registration
Naturalization
registration is
and is not
can be granted
necessary for the
retroactive,
to persons who
transmission of
and is not lost
nationality in that
by the
case.
dissolution of
Conditions
Persons born in
Portugal who:
are stateless
are foundlings
have a birth
parent resident
in Portugal for at
least 10 years on
Portugal
A person
least six years

on a valid
permit, provided
that they
demonstrate
knowledge of
the Portuguese
Yes
do not reside in
Portugal, or
who do not
satisfy the
25/10/2014 7:39 PM
19 of 28
Nationality is also
condition of
residing in
itself at birth to a
Portugal for at
child born outside
least six years
Portugal, provided
on a valid
that the said child has
permit, provided
at least one
that the person
Portuguese parent,
applying is a
and the birth takes
second degree
place outside
relative
Portugal due to the
(grandson or
parent's service to the
granddaughter,
Portuguese State
or a sibling) of a
abroad. No
Portuguese
registration is
citizen.
necessary for the
the Portuguese
transmission of
Government can
nationality in that
also grant
case,
naturalization to
Nationality
foreigners who
retroactive to the
are of age and
moment of birth is
who meet
neither the
to a person born
outside Portugal if at
six-year legal
the marriage.
residency
least one of the birth
requirement nor
parents is a
the knowledge
Portuguese national,
of the
but only if that
Portuguese
person's birth is
language
registered before the
requirement,
Portuguese Civil
provided that
Registry or if a
the person was a
declaration by that
Portuguese
person, stating that he
national in the
or she wants to be a
past, or that the
Portuguese citizen, is
applicant is held
lodged with the
to be a
Portuguese Civil
descendant of
Registry. The
Portuguese
registration of the
citizens, or a
birth can be applied
member of
for at any time during
Portuguese
the person's life, by
communities
the parents, by
abroad, or
another legal
provided that
guardian of a minor,
the applicant is
or by the person
found to have
himself, if the person
rendered, or is
25/10/2014 7:39 PM
20 of 28
is already of age (18
expected to
years old or older).
render in the
The registration of
future relevant
the birth or of the
services to the
declaration can be
Portuguese
made at any time
State or to the
during the person's
national
life, but the
community.
descendants of that
Minors born in
person cannot ask for
Portugal to
the registration after
foreign parents
that person is dead.
can by be
Thus, if one
granted
generation is skipped,
Portuguese
the next generation
Nationality by
cannot register.
the Government,
Registration can be
if, at the time of
made either in
the request
Portugal or by means
made on their
of a Portuguese
behalf by their
Consulate abroad. If
legal
the registration is
representatives,
applied to by means
they have
of a Consulate, the
completed the
Consulate processes
first cycle of the
the request and sends
basic education
the necessary papers
in Portugal, and
to the central registry
if one of the
office of the
parents legally
Portuguese Civil
resides in
Registry in Lisbon.
Portugal for at
Given that the
least five years.
registration produces
The
legal effects
requirements of
retroactive to the
being of age at
moment of birth, the
the time of the
person, once
request and of
registered as a
legally residing
Portuguese citizen, is
in Portugal for
recognized by law as
at least six years
a natural born
are waived with
citizen.(Sons and
respect to a
daughters of that
minor meeting
person, even if born
those
before the moment of
conditions, but
that person's
the minor must
registration, and even
still demonstrate
if born outside
sufficient
Portugal are therefore
knowledge of
25/10/2014 7:39 PM
21 of 28
the Portuguese
language, and
must not have
themselves able to
been convicted
apply for registration
to crimes that
as Portuguese
carry under
citizens, because their
Portuguese law
parent is a Portuguese
a prison penalty
citizen since birth.
of thee years or
Accordingly, this
more.
Nationality is
of nationality,
granted as a
combining descent
matter of right
and registration,
(and not by
allows for the
naturalization in
transmission of
the strict sense)
Portuguese
to a person who
nationality from
is a son or a
generation to
daughter of
generation
someone who
indefinitely, even if
acquires
the members of the
Portuguese
successive
Nationality by
generations are born
naturalization,
outside Portugal and
provided that
never reside in
the person was a
Portugal, provided
minor at the
that registration is not
time of the
skipped by one
parent's
generation). Many
naturalization,
descendants of
and provided
Portuguese
that the person
immigrants,
in question,
especially in Brazil
either
and other Lusophone
represented by
countries, hold dual
his parents or by
nationality, being
another legal
recognized as natural
guardian (during
born Portuguese
minority or
citizens upon
incapacity), or
registration under that
by himself (once
rule.
of age) applies
to be registered
as a Portuguese
national.
Romania
Persons born in
Romania who:
Romanian nationality is
5 years'
8 years'
residence in
residence
Yes[39]
25/10/2014 7:39 PM
22 of 28
conditions:
Conditions
Persons with a
Romanian ancestor
up to 3 generations
back may be eligible
for citizenship:
Persons with at least
one parent,
grandparent or greatgrandparent, born
anytime before 1940
in a location that was
in the Kingdom of
Romania between
1918 and 1940
are foundlings
(including Bessarabia
have Romanian
and Northern
parents
4 years'
Romania
Bukovina) and can
residence (EU
citizens)
demonstrate
competence in the
Romanian language,
are eligible for
restoration of
citizenship.
Persons with a parent
or grandparent still
registered as a
Romanian citizen,
may apply for
clarification of their
own citizenship.
Romanian citizenship
is NOT automatically
lost by naturalization
to a foreign country.
After 5 years'
residence in
Slovakia, and
Slovakia
Persons born in
Slovakia who:
Slovak nationality is
conditions:
living in
Slovakia
without any
immigration
restrictions at
the time of
Dual citizenship is
permitted to Slovak
citizens who acquire a
6 years'
second citizenship by
residence (the
birth or through
last year of
marriage; and to
foreign nationals who
which without
apply for Slovak
any immigration citizenship and meet
restrictions)
the requirements of
the Citizenship
Act.[40][41]
25/10/2014 7:39 PM
23 of 28
application
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 be
automatically
Slovenian if:
both parents are
Slovenian
Dual
citizens; or
citizenship is
one parent is
generally
Slovenian and
permitted in
the other parent

is unknown
and/or of
unknown
citizenship the
Slovenia
Slovenia,
Slovenian nationality is
conditions:
except for
A person who
certain persons
is married to
seeking to
a Slovenian
A total of 10
become
other is
A person of
citizen for at
years residence
Slovenian
stateless.
"Slovenian origin" up
least two
in Slovenia,
citizens by
to the fourth
years may be
including 5
naturalisation
generation in direct
naturalised
years continuous
they are to
descent or a former
after one
residence before
renounce any
Slovenian citizen may
year's
the application
foreign
be naturalised without
residence in
citizenship (the
any residence
Slovenia
requirement to
A person born outside

Slovenia with one
Slovenian parent who is
not Slovenian
automatically may
acquire Slovenian
citizenship through:
an application
requirements.
renounce
for registration
foreign
as a Slovenian
citizenship may
citizen made at
be waived
any time before
upon special
age 36; or
application).
taking up
permanent
residence in
Slovenia before
age 18.
Children adopted by
Slovenian citizens may
be granted Slovenian
citizenship.
Spain
Persons born in Spain

who:
Children of Spanish
1[42] year of
10 years'
Yes (if a
citizens
marriage and
residence
Spanish citizen
25/10/2014 7:39 PM
24 of 28
by
descent/origin);
if naturalising
5 years'
in an
residence
Iberoamerican
(refugees)
country,
2 years'
Spanishand
residence (for
EU
nationals of
citizenshipis
Iberoamerica,
"dormant"
Andorra,
until the return
are stateless, or
residence in
Philippines,
to Spain; see
are foundlings
Spain
Equatorial
Multiple
Guinea,
citizenship.
Portugal, or if
No (if a
the individual is
naturalised
a Sephardi Jew)
Spanish citizen,
1 year's
unless from
residence
Iberoamerica,
(persons born in
Andorra,
Spain)
Philippines,
Equatorial
Guinea or
Portugal)
5 years normal
residence
permit(not the
Swedish nationality is
conditions:
Conditions
Persons born in Sweden

who:
are stateless, or
Sweden[43]
are foundlings
(canceled if
parents found)
3 years'
marriage in
case residing
in Sweden, 10
years in case
Person: whose
living abroad
mother is a Swedish
with a
citizen,
Swedish
or born in Sweden
whose father is a
Swedish citizen
whose father is a
Swedish citizen and
married to the mother
(also later marriage)
spouse and
has 'strong
ties' to
Sweden, by
family visits
and such
time limited
residence/work
permit/Study
Permit) and must
hold Swedish
permanent
residence permit
at the time of
Yes
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.
25/10/2014 7:39 PM
25 of 28
Denmark,
Finland, Iceland
and Norway)[44]
6 years'
British nationality is
Persons born in United acquired by descent under
Kingdom who:
United
conditions:
Kingdom
see: "British by
see: "British by
birth"
descent"
residence
6 years'
(must be
residence (the
without any
last year of
immigration
which without
restrictions on
any immigration
date of
restrictions)
Yes
application)
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.
25/10/2014 7:39 PM
26 of 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
1. ^ Article 20(2)(c) of the Treaty on the Functioning of the
European Union.
2. ^ This rendered the provision to the same effect in Protocol
no. 5 on the position of Denmark in the Treaty on the
13. ^ "Switzerland" (http://eeas.europa.eu/switzerland

/index_en.htm). European Commission. Retrieved 19 April
2013.
14. ^ a b c d Treaty on the Function of the European Union
European Union superfluous. See Ministry of Foreign Affairs
(http://eur-lex.europa.eu/LexUriServ
in Denmark. "The Danish Opt-Outs" (http://www.denmark.dk
/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:EN:PDF)
/en/menu/AboutDenmark/GovernmentPolitics
(consolidated version)
/DenmarkAndTheEU/TheDanishOptouts/). Retrieved 24
November 2007.
15. ^ This right also extends to "any natural or legal person

residing or having its registered office in a Member State":
3. ^ Article 69 (http://www.ena.lu?lang=2&doc=823).
Treaty of Rome (http://eur-lex.europa.eu/en/treaties
4. ^ Title 3 (http://www.ena.lu?lang=2&doc=3800).
/dat/12002E/htm/C_2002325EN.003301.html) (consolidated
5. ^
ab
Craig, 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.
6. ^
abc
Case 53/81 (http://eur-lex.europa.eu/LexUriServ
version), Article 194.

16. ^ Antigua and Barbuda (UK), Barbados (UK), Belize (UK),
Central African Republic (France), Comoros (France),
Djibouti (France), Gambia (UK), Guyana (UK), Lesotho
/LexUriServ.do?uri=CELEX:61981J0053:EN:NOT) D.M.
(Ireland), Liberia (Germany), Saint Vincent and the
Levin v Staatssecretaris van Justitie.
Grenadines (UK), San Marino (Italy), So Tom and Prncipe
7. ^ Case 139/85 (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:61985J0139:EN:NOT) R. H.
Kempf v Staatssecretaris van Justitie.
8. ^ Joined cases 286/82 and 26/83 (http://eur-lex.europa.eu
(Portugal), Solomon Islands (UK), Timor-Leste (Portugal),

Vanuatu (France)
17. ^ a b Case C-184/99 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61999J0184:EN:NOT) Rudy
/LexUriServ
Grzelczyk v Centre public d'aide sociale d'Ottignies-
/LexUriServ.do?uri=CELEX:61982J0286:EN:NOT)
Louvain-la-Neuve .
Graziana Luisi and Giuseppe Carbone v Ministero del

Tesoro.
9. ^ Case 186/87 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61987J0186:EN:NOT) Ian
William Cowan v Trsor public.
10. ^ Advocate General Jacobs' Opinion (http://eurlex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61996C0274:EN:NOT) in Case
18. ^ a b Case C-413/99 (http://eur-lex.europa.eu/LexUriServ

Baumbast and R v Secretary of State for the Home
Department, para. [85]-[91].
19. ^ Now article 20
20. ^ Durham European Law Institute, European Law Lecture
2005 (http://www.ecas.org/file_uploads/1055.pdf), p. 5.
21. ^ a b Anthony Arnull; Alan Dashwood; Michael Dougan;
C-274/96 Criminal proceedings against Horst Otto Bickel
Malcolm Ross; Eleanor Spaventa and Derrick Wyatt.;
and Ulrich Franz at paragraph [19].
Dashwood, A. and others (2006). European Union Law (5th
11. ^ Case C-85/96 (http://eur-lex.europa.eu/LexUriServ
ed.). Sweet & Maxwell. ISBN 978-0-421-92560-1.
/LexUriServ.do?uri=CELEX:61996J0085:EN:NOT) Mara
Martnez Sala v Freistaat Bayern.
12. ^ "EEA Agreement" (http://www.efta.int/eea/eeaagreement.aspx). European Free Trade Association.
Retrieved 19 April 2013.
25/10/2014 7:39 PM
27 of 28
22. ^ Dougan, M. (2006). "The constitutional dimension to the
29. ^ Dronkers, J. and M. Vink (2012). Explaining Access to
case law on Union citizenship". European Law Review 31
Citizenship in Europe: How Policies Affect Naturalisation
(5): 613641.. See also Case C-209/03 (http://eur-
Rates. European Union Politics 13(3) 390-412
lex.europa.eu/LexUriServ
(http://eup.sagepub.com/content/13/3/390.abstract); Vink, M.
/LexUriServ.do?uri=CELEX:62003J0209:EN:NOT) R (Dany
and G.R. de Groot (2010). Citizenship Attribution in Western
Bidar) v. London Borough of Ealing and Secretary of State
Europe: International Framework and Domestic Trends.
for Education and Skills, para. [56]-[59].
Journal of Ethnic and Migration Studies, 36(5) 713-734
23. ^ 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
(http://www.tandfonline.com/doi/abs/10.1080
/13691831003763914).
30. ^ See the EUDO Citizenship Observatory (http://eudo-
/legislation_summaries/education_training_youth
citizenship.eu) for a comprehensive database with
/lifelong_learning/l33152_en.htm). Retrieved 26 December
information on regulations on the acquisition and loss of
2007.
citizenship across Europe.
24. ^ Directive 2004/38/EC (http://eur-lex.europa.eu/LexUriServ

/LexUriServ.do?uri=CELEX:32004L0038:EN:NOT) of the
31. ^ Law on the Bulgarian citizenship (http://lex.bg/bg/laws

/ldoc/2134446592)
European Parliament and of the Council of 29 April 2004 on
32. ^ http://www.mzv.cz/consulate.newyork
the right of citizens of the Union and their family members to
/en/visa_and_consular_information
move and reside freely within the territory of the Member
/about_czech_citizenship_and_dual
States.
/new_citizenship_legislation_of_the_czech.html
25. ^
ab
"Free movement of labour in the EU 27"
(http://www.euractiv.com/en/socialeurope/free-movement-
33. ^ [2] (http://www.nyidanmark.dk/en-us/coming_to_dk

/danish_nationality/conditions_to_be_satisfied.htm)
labour-eu-27/article-129648#). Euractiv. 25 November 2009.
34. ^ https://www.riigiteataja.ee/en/eli/530102013074/consolide
Retrieved 27 December 2009.
35. ^ http://www.consulfrance-newyork.org/Nationality
26. ^ [1] (http://europa.eu/youreurope/citizens/work/abroad

/work-permits/index_en.htm)
27. ^ "UK bill proposing work restrictions on Croatian nationals"
(http://www.homeoffice.gov.uk/publications/immigration
/croatia-eu-accession/). 18 October 2012. Retrieved 16
November 2012.
28. ^ Case C-396/90 (http://eur-lex.europa.eu/LexUriServ
36. ^ "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.
37. ^ http://rus.delfi.lv/news/daily/latvia/dvojnoe-grazhdanstvou-posolstv-latvii-pribavitsya-raboty.d?id=43347235
38. ^ http://www.pmlp.gov.lv/en/home/citizenship/registration-
if-citizenship/registration-of-citizenship-of-latvians-
Micheletti v. Delegacin del Gobierno en Cantabria, which
and-livs.html
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.
39. ^ [3] (http://cetatenie.just.ro

/LinkClick.aspx?fileticket=phPO-UBU_zQ%3d&tabid=42&
mid=405)
40. ^ "Slovak Citizenship Requirements & Application"
Secretary of State for the Home Department, ex p. Manjit
(http://www.slovak-republic.org/citizenship/). Slovak-
Kaur. It is not an abuse of process to acquire nationality in a
Republic.org. Retrieved 2013-09-26.
Member State solely to take advantage of free movement
41. ^ Futej & Partners, Memorandum: Extensive amendment to
rights in other Member States: case C-200/02 (http://eur-
the act on Slovak state citizenship (http://www.futej.sk
lex.europa.eu/LexUriServ
/data/enu/Legal%20Information%20and%20Analysis
/LexUriServ.do?uri=CELEX:62002J0200:EN:NOT) Kunqian
/Memorandum-Extensive-amendment-to-the-act-on-Slovak-
Catherine Zhu and Man Lavette Chen v Secretary of State
state-citizenship.pdf), Bratislava
for the Home Department.
25/10/2014 7:39 PM
28 of 28
42. ^ http://www.realinstitutoelcano.org/wps/portal
/web/rielcano_en/contenido?WCM_GLOBAL_CONTEXT=
43. ^ Law (2001:82) on Swedish citizenship

44. ^ "Krav fr medborgarskap fr dig som r nordisk
/elcano/elcano_es/zonas_es/demografia+y+poblacion
medborgare" (http://www.migrationsverket.se/info/397.html)
/ari4-2014-gonzalez-enriquez-price-spanish-and-european-
(in Swedish). Migrationsverket. 5 January 2012. Retrieved 1
citizenship
July 2013.
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"
Categories: Human migration European Union law Nationality law British nationality law Irish nationality law
Citizenship
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Citizenship of The European Union - Wikipedia, The Free Encyclopedia

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Citizenship of the European Union - Wikipedia, the free encyclopedia