Member State Nationality, EU Citizenship and Associate European Citizenship

Abstract

According to Article 20 tfeu, “[E] very person holding the nationality of a Member State shall be a citizen of the Union”.1 The wording of the provision thus suggests a notably simple relationship between EU citizenship and Member State nationality: to be an EU citizen one must be a Member State national. Third country nationals cannot acquire EU citizenship. Loss of nationality implies automatic loss of this privileged status. When a Member State withdraws from the EU its nationals become third country nationals.2 From the case law of the Court of Justice of the European Union (cjeu), however, it follows that the relationship between EU and national citizenship is not as clear and straightforward as the Treaty text suggests. To be sure, the cjeu has never recognised, and not even suggested, any exceptions to the rule that EU citizenship is reserved for Member State nationals. Rather, in the wellknown Rottmann ruling,3 it confirmed the exclusive link between EU citizenship and national citizenship. What the cjeu did say in this ruling – and this is what complicates the relationship between the two citizenships – is that Member States must, before taking a decision withdrawing “their” nationality, consider the consequences of such a decision for the person concerned as regards the loss of the rights he/ she enjoys as an EU citizen. Loss of EU citizenship or the rights attached to it may preclude the lawful application of national rules on deprivation of national citizenship.