The evolution of the case law of the court of justice of the european union on nationality

Abstract

The Court of Justice of the European Union has developed a body of case law on nationality, covering both the question of the effectiveness or recognition of the link and its constitutive dimension. The legal basis of this case law has evolved from the free movement of persons and an internal market perspective to citizenship of the Union. The impact on the domestic Law of the Member States has been different depending on which perspective has been adopted. While in the dimension of recognition of nationality the Court has followed a functional method that corrects the material result of the application of State rules when it is contrary to European Union Law, in the constitutive aspect of the link it has created a set of rules that frame the competences of the Member States and impose limits on them. This second dimension raises particular questions as to its legitimacy, its practical implementation and its possible development in the current regulatory context.