Notes

  • 1. Bulletin of the European Communities, suppl. 5, 1975.
  • 2. The common passport policy, which begun in the 1970s, is of considerable importance to what has been called ‘the practice of citizenship’ (streamlining practices for citizens ofmember states who reside in other member states). This policy aimed to enable the use of ID cards instead of passports within Community borders and equal treatment of nationals of member states by third countries. The European Council approved the unifying passport policy at the Luxembourg Summit in 1979. In occasion of the Paris summit in 1974 and the Rome 1975 summit, the European Parliament pushed in this direction too. The delay in adopting the policy depended on the fact that passports fell into the exclusive competence of member states since it belonged to foreign policy.
  • 3. See Bulletin of the European Communities, suppl. 7/75, Towards the Europe of Citizens.
  • 4. See Bulletin of the European Communities, suppl. 1/1976, European Union.
  • 5. The Treaty of Lisbon introduced, as known, a different numbering system so these articles are now to be found in the TFEU Art. 20-24. (ex Article 17 TEC), Article 21 (ex Article 18 TEC), Article 22 (ex Article 19 TEC), Article 23 (ex Article 20 TEC), Article 24 (ex Article 21 TEC).
  • 6. See e.g. Defrenne c. Sabena (Case C-43/75 ECLI:EU:C:1976:56).
  • 7. Here it is worth recalling that one of the first, if not the first, case brought before a court in which nationality was discussed concerned the UK: The case of the post-nati or Calvin’s case opposed Edward Coke and Francis Bacon in 1608 on the issue of whether the founding of the UK had also led to the creation of a single status civitatis.; if, that is, despite the diversity on the ‘national’ level, Scots and Englishmen were to be considered subjects with the same ‘citizenship.’ See Gough 1955; Wheeler 1947; Price 1997; Everson 2003; Cohen 2010.
  • 8. It was not until January 1851 that Pasquale Stanislao Mancini, in his prolusion at the University in Turin, Del principio di nazionalita come fonda- mento del diritto delle genti, formulated the principle of nationality as the basis of authority relationship between the individual and state: The state becomes the institutional expression of the nation, providing the ideological reason for the Risorgimento movement in the unification of Italy. See Mindus 2014, Chapter 3.
  • 9. Art. 5 states: ‘Within a third State, a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any conventions in force, a third State shall, of the nationalities which any such person possesses, recognise exclusively in its territory either the nationality of the country in which he is habitually and principally resident, or the nationality of the country with which in the circumstances he appears to be in fact most closely connected.’
  • 10. CIG Nottebohm (April 6, 1955) Liechtenstein v. Guatemala, full text available at http://www.icj-cij.org/docket/files/18/2674.pdf (last accessed 7 November 2016).
  • 11. Mario Vicente Micheletti v Delegacion del Gobierno en Cantabria (Case C-369/90).
  • 12. See 1972 Italian Project for a Convention Instituting a European Citizenship [Progetto italiano per una convenzione istitutiva di una cittadi- nanza europea] in Sica 1979.
  • 13. The ability to disconnect member state nationality from EU citizenship, although confirmed in Kaur, is much more difficult for the member states to use after Rottmann. See below and for more details Chapter 6.
  • 14. Protocol n. 2 to the Act of Accession, relating to the Faro Islands, art. 4, 1972 (OJL 73 163).
  • 15. See e.g. Baubast (C-413/99), Martinez-Sala (C-85/96), Grzelczyk (C-184/99), Garcia Avello (C-148/02) and Bidar (c-209/03).
  • 16. Case C-135/08 Janko Rottmann v Freistaat Bayern [2010] ECRnyp, § 42.
  • 17. C-300/4, Eman and Sevinger, EU:C:2006:545 [2006] ECRI-8055.
  • 18. See e.g. Case C-503/09, Lucy Stewart EU:C:2011:500.
  • 19. See e.g. Case C-224/02, Pusa (Opinion of A.G. Jacobs) EU:C:2003:634; Case C-406/04, De Cuyper EU:C:2006:491). For an analysis of these, see Strumia 2013.
  • 20. See Case C-333/13 Dano EU:C:2014:2358.
  • 21. Third country nationals holding a valid residence permit or visa have the right to move freely within the Schengen area for up to three months within a six-month period.
 
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