The Redefinition of the Concept of Nationality in the UK: Between Historical Responsibility and Normative Challenges

Abstract

This article analyses the extent to which UK membership in the European Economic Community (EEC) has influenced the redefinition of the concept of nationality in the United Kingdom and the retreat from historical responsibility with respect to citizens of Commonwealth countries. After first describing the rights that have most defined nationality in the United Kingdom prior to its membership to the EEC, it is argued that the EEC has only indirectly influenced the redefinition of UK nationality in three main respects: (a) from the early 1970s, the issue of nationality has been a frequent subject of discussion in parliament; (b) at the same time, there was the need to define nationality for EEC law purposes; and (c) the establishment of European citizenship reinforced nationality not only because nationality represented a means by which to benefit from additional rights, but also because it became a foundation for the construction of subsequent immigration policy. The article suggests that the indirect effect of the EEC on the redefinition of nationality has also provided a legitimate means by which to reconsider the idea of citizenship first in terms of exclusion and inclusion and secondly in terms of detachment from historical responsibility.