External citizenship in EU countries

Abstract

Citizenship laws often contain provisions regarding preferential acquisition of citizenship by certain categories of foreigners, such as provisions that allow for the possibility to acquire citizenship without the obligation to reside in the country. The practice of external acquisition of citizenship poses important challenges to the modern paradigmatic view of territorially bounded citizenship. This article surveys the legal rules allowing for external acquisition of citizenship in EU countries, and examines three justifications for such rules, namely, the principles of just restitution of citizenship, democratic continuity and national solidarity. The article argues that the principle of just restitution of citizenship offers the strongest, albeit partial, contextual justification for external acquisition of citizenship.