Wednesday, 22 January 2020

The Romance is Back. Genuine Link and the European Citizenship


What does it mean to be a European citizen? From the last couple of years, the legal doctrine of the ‘genuine link’ is becoming central to evaluate the legitimacy of the Member States policies regarding nationality acquisition and loss. This paper aims to investigate the content of the genuine link doctrine, from ancient international law to contemporary EU law. It claims that, in special circumstances related to naturalisation, it is possible to come to a clear definition of the genuine link between the citizens and the state based on habitual residence, and offers a new legal framework founded on the duty of sincere cooperation.