Contents. Acknowledgments. General Introduction 1

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1 Acknowledgments Summary xi xiii General Introduction 1 Part I The Legal Concept of (Dual) Nationality I General Observations on (Dual) Nationality and its Role in Municipal and International Law 1. Nationality and Citizenship: Their Historical Roots Terminological Observations in Respect of Nationality and Citizenship The Role of Nationality in Different Fields of Law The Function of Nationality under Municipal and International Law Nationality Under International Law State Autonomy and Nationality as a Human Right Limitations Imposed by International Law on State Autonomy in Nationality Law Why a Study on Dual Nationality? Attitudes Towards Multiple Nationality: Rejection or Embrace? Transnationalism, Postnationalism and European Citizenship Does Multiple Nationality Cause Legal Problems? Multiple Nationality under International Law: State Practice Nationality Law in Europe: The Council of Europe and the European Union The 1963 Convention on the Reduction of Cases of Multiple Nationality and the 1997 European Convention on Nationality Nationality and the European Union: Case C-369/90 Micheletti [1992] 95 Concluding Remarks Ill II The Role of Dual Nationality in Private International Law and EU Law: The Intra-EU Context 1. Introduction 115

2 vi Contents 2. Connecting Factors in Private International Law: Nationality Versus Domicile/Habitual Residence Solutions to a 'Conflict of Nationalities' in France, Italy, the Netherlands and Spain Dual Nationals and their Surnames Case C-148/02 Garcia Avello [2003] Remarks on the (Potential) Impact of Garcia Avello Garcia Avello and the Related Cases Micheletti, Mesbah, Konstantinidis and Grunkin-Paul Case C-179/98 Mesbah [1999] CaseC-168/91 Konstantinidis [1993] Case C-353/06 Grunkin-Paul [2008] Is There a Need for Uniform European Conflict and Recognition Rules in the Field of Civil Status? The Principle of Non-Discrimination on the Grounds of Nationality, Fundamental Human Rights and the Principle of Mutual Recognition Consequences of Garcia Avello for National Rules Governing Surnames Garcia Avello and Other Cases on European Citizenship Dual Nationality and the Brussels Ilbis Regulation: Case C-168/08 Hadadi [2009] 153 Concluding Remarks 156 Concluding Remarks: Part Part II Country Reports on Dual Nationality: The Extra-EU Context Introductory Remarks on the Country Reports 166 III France 1. Introduction Historical Overview: How ius soli became 'The Heart of French Nationality Law' Nationality Law during the Great War ( ): The Fear of the German DelbriickLaw French Nationality Law after the Second World War Equality of the Sexes in French Nationality Law Questions of Nationality Law Relating to the Decolonization Process The Law of 28 July 1960 and the 'Recognition Procedure 188

3 vii 7. The Algerian Question and the Controversy Surrounding ius soli Unilateral Action by France: The Ordinance of 21 July 1962 and the Predominance of Personal Status over Origin The 1980s and 90s: Attacks on the French ius soli Tradition Concluding Remarks 203 IV V The Netherlands 1. Introduction The Dutch Nationality Act of 1892 (Wet op het Nederlanderschap en het ingezetenschap 1892) Decolonization: The Independence of Indonesia and Surinam The Nationality Status of the Native Population of the Dutch East Indies during Colonization and the Nationality Arrangements after Decolonization The Nationality Status of the Native Population of Surinam during Colonization and the Nationality Arrangements after Decolonization The Equality of the Sexes in Dutch Nationality Law The Dutch Nationality Act of The Fall of Multiculturalism and the Continuing Debate on the Renunciation Requirement Dutch Emigrants and Dual Nationality under the 1985 Act Modifications to Dutch Nationality Law by the 2003 Act Developments after 2003: More Proposals, Amendments and Controversies Concluding Remarks 245 Italy 1. Introduction The 19th Century: The Formation of the Italian Nation-State and the 'Great Migration' The'Great Migration'( ) The Influence of Emigration on Italian Nationality and Migration Law Law 555/1912: A Response to the 'Great Migration' The 1970s and 80s: Gender Equality in Italian Nationality Law The Favourable Attitude towards Italian Co-Ethnics: Laws 91/1992, 379/2000,124/2006 and 459/

4 viii Contents 6.1. Law 91/1992: Towards a Further 'Ethnicization' of Italian Nationality Law Laws 379/2000 and 124/ Law 459/2001: Voting Rights for Italians Resident Abroad Attempts to Reform Italian Nationality Law to the Benefit of Non-Privileged Immigrants Concluding Remarks 278 VI Spain 1. Introduction The Spanish Phenomenon of Dual Nationality The Background of the Treaties on Dual Nationality The Content of the Treaties on Dual Nationality The Spanish Constitution of Differences Between the Conventional and the Legal Routes to Dual Nationality (via convencional/via legal) The Additional Protocols to the Dual Nationality Treaties Particularities Concerning the Spanish-Guatemalan Treaty Interlude: The Italian-Argentinean Treaty on Dual Nationality and the Bilateral Treaties Concluded between Portugal and Some of its Former Colonies Italian Academic Reactions to the Dual Nationality Treaty Italy's Current Approach to Dual Nationality and the Additional Protocol to the Italian-Argentinean Dual Nationality Treaty Bilateral Treaties Concluded between Portugal and Some of its Former Colonies Case C-369/90 Micheletti [1992] Developments in Spanish Nationality Law after the Enactment of the 1978 Constitution: Modification of Spanish Nationality Law by Law 51/ Modification of Spanish Nationality Law by Law 18/ The Future of the Dual Nationality Treaties Modification of Spanish Nationality Law by Law 36/ The Objective of Law 36/2002: To Repair the Injustice Suffered by Spanish Emigrants Law 52/2007 and Option Rights to Spanish Nationality Concluding Remarks 323

5 General Conclusions 325 Bibliography 339 Index 363

Report on Multiple Nationality 1

Strasbourg, 30 October 2000 CJ-NA(2000) 13 COMMITTEE OF EXPERTS ON NATIONALITY (CJ-NA) Report on Multiple Nationality 1 1 This report has been adopted by consensus by the Committee of Experts on Nationality