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Micheletti [1992]
June 27, 2007 |
“Nationality and EU citizenship are inseparable and superimposed”.
Matters of nationality remain within the exclusive competence of the Member States. They decide who can or cannot be an EU citizen. Being a national of a Member State is the condition sine qua non for acquiring EU citizenship, and therefore enjoying the rights linked to it. This led some scholars to the conclusion that EU citizenship might be characterised as a “derived condition of nationality”.
The ECJ interpreted the exclusive competence over nationality matters by Member States in the Micheletti case in 1992.
In this case, an individual with dual Argentinean and Italian nationality arrived in Spain wanting to exercise his right to freedom of establishment and to practice as an orthodontist. He was refused a residence permit by the Spanish authorities, because in such instances Spanish legislation refers to the last or effective residence, which in this case was Argentina. The ECJ ruled that nationality of one of the Member States was sufficient and that a citizen does not have to choose between the two nationalities. In fact, this judgment has dramatically influenced nationality law at the EU and national levels. The ECJ highlighted that this competence must be exercised in conformity with EC law. It also emphasized that another member of the Union that imposes additional conditions on the recognition of such a nationality in order to exercise the fundamental rights provided by the EC Treaty may not restrict the effects of nationality being attributed by one Member State.
Text of the ECJ judgment
Text of the AG opinion