Micheletti (CJEU) C-369/90

Updated: Jan 8

(1992)

NATIONALITY: EXCLUSIVE COMPETENCE

DUE REGARD TO EU LAW


WHAT DOES THIS CASE MEAN FOR ME?

If you are a citizen who has a dual nationality: a European one and a non-European one, your rights cannot be restricted based on this non-European nationality. You have the right to be treated in the same way as other nationals of your European nationality.

LEGAL ANALYSIS

A dentist with a dual Nationality Italian-Argentinian lives in Argentina. He wants to use his free movement rights to move to Spain and establish a dental practice there. Spain refuses his request as their national rules determine that in the case of dual nationality it is the last residence place that counts. If this last residence case is outside the EU, here Argentia, then the applicant can not enjoy the freedom of establishment. The dentist challenges this decision before the CJEU.



CJEU:

→Nationality is an exclusive competence BUT it CAN’T RESTRICT THE EFFECTS ON THE GRANT OF NATIONALITY OF ANOTHER MS. The dentist is also Italian so she has to enjoy the same rights as other Italians. It does not matter that she is also Argentinian.

→ Nationality laws of MS need to is have DUE REGARD to EU LAW


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