Bulletin of the Transilvania University of Brașov, Series VII: Social Sciences • Law • Vol. 17(66) No. 2 – 2024
https://doi.org/10.31926/but.ssl.2024.17.66.2.13
At the European Union level, several regulations concerning European citizenship are briefly examined in this paper. Furthermore, the study delves into the institution of citizenship as reflected in the Constitutions of various member states, including Romania, focusing on its general aspects within the framework of constitutional law. Particular attention is given to the evolution of citizenship rights and obligations, both at a national and EU level, highlighting the intersection of national sovereignty and transnational governance. The analysis also explores the implications of these regulations for individual rights, political participation, and the legal status of citizens within the broader European context.
Key words: citizenship legislation, European citizenship, EU member state.
1. General presentation
The institution of citizenship represents a fundamental pillar in the architecture of the modern state, closely tied to notions of national identity, civic rights and obligations, and membership within a political community. In the European context, citizenship takes on multiple dimensions, combining the national regulations of each member state with the supranational legal framework of the European Union. This paper aims to explore how citizenship is defined and regulated in the constitutions of various member states within the European space.
European Union: European Union (EU) citizenship represents a fundamental legal concept, enshrined in the Maastricht Treaty of 1992, which introduced a supranational dimension to the traditional notion of citizenship. It does not replace the national citizenship of member states but complements it, granting citizens of EU member states a set of additional rights and obligations specific to the status of EU citizenship. Article 20 of the Treaty on the Functioning of the European Union stipulates that any person holding the nationality of a member state is also a citizen of the Union. This status entails a series of fundamental rights, including the right to move and reside freely within the territory of the member states, the right to participate in European Parliament elections and municipal elections in the country of residence, regardless of national citizenship, as well as the right to diplomatic and consular protection from any EU member state when outside the Union, if the citizen’s home country is unable to provide assistance.
The Republic of Austria: Citizenship in Austria is governed by both the Federal Constitution of Austria and the Austrian Citizenship Act. Article 6 of the Federal Constitution emphasizes that there is a single Austrian citizenship, providing the constitutional framework for the acquisition and loss of citizenship. The Austrian Citizenship Act thoroughly regulates all normative and procedural aspects related to citizenship status, providing a comprehensive legal framework for the acquisition and loss of citizenship.
The Kingdom of Belgium: Belgian citizenship is governed by the Constitution and national legislation, particularly the Belgian Nationality Code, which outlines the procedures for acquiring and losing citizenship. Article 8 of the Belgian Constitution establishes the general framework, stating that all matters related to citizenship are governed by civil law. The Belgian Nationality Code specifies various pathways to acquiring citizenship, such as by birth, descent, adoption, or naturalization.
The Republic of Bulgaria: Citizenship in Bulgaria is governed by both the country’s Constitution and specific national legislation, such as the Bulgarian Citizenship Act. Article 25 of the Bulgarian Constitution provides the general framework, stipulating that an individual becomes a Bulgarian citizen if at least one parent is a Bulgarian citizen. The Constitution also protects citizenship acquired by birth, explicitly stating that no individual can be deprived of their Bulgarian citizenship if obtained by birth.
The Czech Republic: Citizenship in the Czech Republic is governed by both the Constitution and specific legislation, with Act No. 186/2013 on Citizenship playing a central role. Article 12 of the Constitution establishes the general framework, emphasizing that the acquisition and loss of citizenship are regulated by law, and no individual may be deprived of Czech citizenship against their will. A key aspect of Czech legislation is the strict criteria for permanent residence and integration required to obtain citizenship through naturalization.
The Republic of Croatia: Citizenship in the Republic of Croatia is governed by the Croatian Constitution and the Croatian Citizenship Act. Article 9 of the Constitution provides the general legal framework, stipulating that the acquisition and loss of citizenship are regulated by law. The Constitution ensures the right of Croatian citizens not to be deprived of their citizenship against their will and provides for their protection, both domestically and abroad. Naturalization requires the fulfilment of strict conditions, such as permanent residency and integration into Croatian society.
The Kingdom of Denmark: Citizenship in Denmark is governed by both the Constitution of the Kingdom of Denmark and specific legislation. Article 44 of the Constitution stipulates that the acquisition of citizenship by foreigners must be approved through a special law passed by the Danish Parliament. The 2015 reform introduced the possibility of holding dual citizenship, allowing Danish citizens to acquire another nationality without relinquishing their Danish citizenship.
The Hellenic Republic: Citizenship in Greece is governed by both the Constitution of the Hellenic Republic and the Greek Nationality Code. Article 4 of the Greek Constitution stipulates that citizenship is granted in accordance with national law and guarantees equal rights and obligations for all citizens, regardless of gender. The Constitution also provides mechanisms for revoking citizenship in special cases, such as the acquisition of another citizenship or involvement in activities contrary to national interests.
The Republic of Estonia: Citizenship in Estonia is governed by the Constitution and the Estonian Citizenship Act. Article 8 of the Constitution stipulates that Estonian citizenship acquired by birth is inalienable, thereby protecting citizens from involuntary loss of citizenship. The Estonian Citizenship Act also regulates the naturalization process, which imposes strict requirements such as long‑term permanent residence (at least 8 years), proficiency in the Estonian language, and a pledge of loyalty to the state. Estonia does not officially allow dual citizenship, except in specific cases for individuals born with dual nationality.
The Republic of Finland: Citizenship in Finland is governed by the Constitution and the Nationality Act. The Nationality Act defines the methods of acquiring citizenship by birth or descent (jus sanguinis principle), but also allows for citizenship to be obtained through naturalization or declaration by permanent residents who meet the legal requirements, including proficiency in the Finnish language.
The French Republic: French citizenship is governed by the 1958 Constitution, which provides a general framework for regulating the status of citizens and delegates to the legislature the authority to establish detailed rules on the acquisition, loss, and protection of citizenship. The French Civil Code details the methods of acquiring citizenship, such as by birth, naturalization, or marriage, adhering to the traditional principles of jus sanguinis and jus soli. In exceptional cases, citizenship may be revoked if an individual is convicted of acts that harm national interests.
The Federal Republic of Germany: German citizenship is governed by the Basic Law, adopted in 1949. Article 16 of the Constitution stipulates that no German citizen may be deprived of their citizenship against their will, unless such a measure does not result in statelessness. Recent reforms in 2024 to the Citizenship Act have introduced significant measures to modernize the naturalization process, allowing, for the first time, dual citizenship for naturalized individuals — an essential shift from the previous regime, which required renunciation of prior citizenship.
The Republic of Ireland: Citizenship in Ireland is governed by the Constitution and relevant national legislation. Article 9 of the Constitution states that citizenship can be acquired by birth, descent, or in accordance with laws established by the state. A significant amendment is the 27th Amendment (2004), which limits the application of the jus soli principle. The right to citizenship is now contingent upon one of the parents being either an Irish citizen or having the right to permanent residency in Ireland.
The Italian Republic: Citizenship in Italy is governed by the Constitution and Law No. 91/1992 on Citizenship. Article 22 of the Italian Constitution establishes the principle of the inviolability of citizenship, stipulating that no one can be deprived of Italian citizenship for political reasons. Italian law primarily applies the jus sanguinis principle, whereby citizenship is acquired by descent from Italian parents, regardless of the place of birth, and allows for the possibility of holding dual citizenship.
The Republic of Latvia: Latvian citizenship is governed by the Constitution and the Citizenship Law. The Citizenship Law, updated in 2013, ensures that Latvian citizenship is primarily acquired based on the jus sanguinis principle. Latvia recognizes dual citizenship, particularly for citizens who acquire the nationality of other European Union or NATO member states.
The Republic of Lithuania: Citizenship in Lithuania is governed by the Constitution and the Citizenship Law. According to Article 12, Lithuanian citizenship is primarily acquired by descent (jus sanguinis), and individuals holding Lithuanian citizenship cannot simultaneously hold the citizenship of another state, except as specified by law. Despite efforts to allow dual citizenship through referendums held in 2019 and 2024, the necessary constitutional changes were not adopted due to the failure to meet the required quorum.
The Grand Duchy of Luxembourg: Luxembourgish citizenship is governed by the Constitution and the Citizenship Law of 2017. A key feature of Luxembourg’s legislation is its permissiveness towards dual citizenship, allowing naturalized individuals to retain their previous nationality. For naturalization, candidates must meet strict requirements, including a minimum of five years of legal residence.
The Republic of Malta: Maltese citizenship is governed by the Constitution and the Citizenship Act. Since 2000, Malta has permitted dual citizenship. A distinctive feature of the legislation is the Individual Investor Programme, which offers the possibility of obtaining Maltese citizenship in exchange for significant economic contributions, such as investments in the state and residence.
The Kingdom of the Netherlands: Citizenship in the Netherlands is governed by the Constitution and the Dutch Nationality Act. The Dutch Nationality Act provides that citizenship can be acquired by birth, if one of the parents is a Dutch citizen, or through naturalization, a process requiring a minimum of five years of legal residence, fulfilment of integration requirements, and passing a language proficiency test.
The Republic of Poland: Citizenship in Poland is governed by the Constitution and the 2009 Citizenship Act. According to Article 34, Polish citizenship is acquired by birth if both parents are Polish citizens, or through other means established by law, with an emphasis on the jus sanguinis principle.
The Portuguese Republic: Portuguese citizenship is governed by the Constitution and the Citizenship Law, adopted in 1981 and subsequently amended. Recent amendments have introduced more inclusive measures, allowing the acquisition of citizenship by the grandchildren of Portuguese citizens without the need for residence in Portugal, provided they demonstrate effective ties to the Portuguese community.
The Slovak Republic: Slovak citizenship is governed by the Constitution and the Citizenship Act. Article 5 of the Constitution states that the acquisition and loss of citizenship are regulated by law, ensuring that no one can be deprived of Slovak citizenship against their will. A recent amendment facilitates access to citizenship for descendants of Slovak or former Czechoslovak citizens, without requiring proficiency in the Slovak language or culture.
The Republic of Slovenia: Slovenian citizenship is governed by the Constitution and the Slovenian Citizenship Act. Slovenia primarily applies the jus sanguinis principle. Citizenship can also be acquired through naturalization, which requires strict conditions, including a legal residence of at least 10 years and proficiency in the Slovenian language.
The Kingdom of Spain: Spanish citizenship is governed by the Constitution and the Spanish Civil Code. Article 11 of the Constitution states that no person of Spanish origin can be deprived of their citizenship against their will. Spain allows dual citizenship, though it is primarily limited to citizens from countries with strong historical and cultural ties, such as Latin American nations.
The Kingdom of Sweden: Swedish citizenship is governed by the Constitution, specifically through the Instrument of Government. The Swedish Citizenship Act allows citizenship to be acquired by birth, descent, or naturalization. Sweden permits dual citizenship, an important feature that allows naturalized citizens to retain their previous nationality.
The Hungarian Republic: Citizenship in Hungary is governed by the Fundamental Law (the 2011 Constitution) and the Citizenship Act. Article G stipulates that Hungarian citizenship is primarily acquired by birth or descent. Hungary also permits dual citizenship.
Romania: Romanian citizenship is governed by the Constitution of Romania and the Romanian Citizenship Law (Law No. 21/1991). Article 5 of the Constitution stipulates that Romanian citizenship can be acquired, retained, and lost in accordance with organic law. The Constitution guarantees that citizenship acquired by birth cannot be revoked under any circumstances. The Citizenship Law allows Romanian citizenship to be acquired by birth, adoption, or upon request, and Romania recognizes dual citizenship, allowing its citizens to hold citizenship from other countries. Additionally, Romanian citizens are also European Union citizens, enjoying extended rights such as freedom of movement and the right to vote in European Parliament elections.
2. Conclusions
An analysis of both constitutional provisions and the organic laws governing citizenship in European Union member states reveals a diversity of approaches reflecting the legal traditions of each state, as well as the influence of their specific historical and political contexts. However, there are several key common elements that highlight the coherence and convergence of these regimes within the European framework.
The principle of jus sanguinis is a core element in defining citizenship in many EU member states, including Romania, Hungary, Poland, and Greece. This principle allows children to acquire citizenship regardless of their place of birth, emphasizing the importance of descent and historical continuity. At the same time, in numerous cases, national legislation incorporates jus soli in a limited way, particularly to ensure the integration of certain categories of individuals born within the state’s territory, such as stateless children or those of resident foreigners.
In conclusion, within the European Union, there is a widespread practice of protecting citizens, but also a diversity of legal solutions aimed at reflecting the specificities of each society. Citizenship policies are evolving in the context of global migration dynamics and the imperative of integrating foreigners while upholding the fundamental values of democracy, the rule of law, and the protection of human rights. This legal flexibility ensures a balance between national sovereignty and the common principles established by European legislation.
Despre autori
Conf. univ. dr. Silviu‑Gabriel Barbu
Universitatea „Transilvania” din Brașov
Secretar de Stat / Președintele Autorității Naționale pentru Cetățenie – Ministerul Justiției
Dan Cerbu
Personal juridic de specialitate asimilat judecătorilor și procurorilor în cadrul Autorității Naționale pentru Cetățenie