The Renunciation of One’s Nationality of Origin and European Union Citizenship: is it Compatible with Spain’s Dual Nationality System?

Abstract

As a basic principle of international law, the ways of the different modes of nationality acquisition, recovery and loss is a matter falling under the jurisdiction of sovereign nations. However, as with other issues, relatively unrestricted intra-EU mobility rules have spawned a debate on the compatibility between national regulations and the demands of the current European status civitatis. In this study, considering the increasingly common factual and legal phenomenon of plurinationality, we will question the existing requirement in some systems of nationality law (among them Spain’s) for one to expressly renounce their nationality of origin when aspiring to be naturalized through residence in another Member State. In the current stage of the development of European integration process, this demand for renunciation becomes an unsustainable demand. In fact, avoid the legal recognition and enjoyment of two European nationality obstructs the full respect for own personal and plural identity as European citizenship. Implementing the procedures towards a paradigm shift are as needed as possible, which is explored in this study. KEYWORDS: Nationality, dual nationality, dual citizenship, renunciation of nationality, European citizenship, intra-EU mobility, free movement of persons.