EU Competence and the Attribution of Nationality in Member States

Daniel Sarmiento, Professor of EU Law, Universidad Complutense de Madrid

  • The EU’s Competence in the Field of Nationality is Limited
  • The Court of Justice is Willing to Scrutinize the Exercise of Nationality Law in the Member States When it has a Restrictive Effect on Rights, But Not When it Confers Rights
  • Any Action on the Part of the EU to Legislate in this Field Requires the Use of Article 352 TFEU and a Unanimous Vote in the Council