From Loss to Acquisition of Nationality: Union Citizenship and the (Still) Intederminate Limits of State Competence

This article examines the evolving limits imposed by EU law on Member States’ competence in matters of nationality. While the Court of Justice has developed a coherent framework of constraints in cases concerning the loss of nationality, the extension of such limits to the field of acquisition remains uncertain. The judgment in Commission v. Malta marks a significant step in this direction, yet fails to articulate clear and general criteria. The article argues that this results in a structural indeterminacy, which is reflected in recent legislative and judicial developments at national level. In particular, the reforms adopted in Malta and Cyprus, as well as the constitutional litigation arising in Italy, illustrate the persistence of uncertainty as to the scope of EU scrutiny. The analysis concludes that, although Union citizenship has acquired a central role, the limits it imposes on State competence in nationality law remain uneven and largely unsettled.