European citizenship and state succession: struggling with the effects of a territorial separation within the EU

Authors

  • Paula García Andrade

Keywords:

EU citizenship, Territorial separation, State succession, Acquisition and loss of the nationality of an EU Member State

Abstract

Independence debates held in certain EU Member States lead us to give thought to the effects of a hypothetical separation of part of the territory of a Member State on achievements of European integration as relevant as EU citizenship, a status founded on the nationality of Member States. This article analyses how State succession would affect the enjoyment of Union citizenship rights by nationals of the Member State involved, and the way in which those rights are to be exercised by EU citizens from other Member States who reside in a seceding region. It will also tackle the role that the concept of EU citizenship as such may play as a basis of the idea of an «internal enlargement» of the EU. This argument, advocated by some pro-independence positions, would prevent the separating territory from leaving the EU due to the impossibility of depriving individuals of their EU citizenship status. Finally, the possible alternatives to grant freedom of movement and residence in the EU to nationals of the hypothetical new State will be explored.