Nationality: The Missing Link between Citizenship of the European Union and European Migration Policy

Abstract

Nationality has traditionally been claimed to be one of the spheres in which Member States retain full sovereignty. This chapter seeks to offer an analysis of, and to advance specific proposals for, the role of nationality in the interaction of European Union (EU) citizenship and EU immigration policy. In the EU context, nationality is not only the bond between man and State, but it also structures some of the most significant manifestations of Union's involvement with individuals. The chapter analyzes some of problematic outcomes arising from the disconnection between EU citizenship and EU immigration policy. Protecting the autonomy of States in nationality matters has become one of the key elements of accession to EU citizenship. One important development in EU law that should lead to a reconsideration of the role of nationality in EU law is that admission of non-EU migrants is no longer in the exclusive power of States. Keywords: EU immigration policy; EU law; European Union (EU) citizenship; Member States; nationality