The dual nationality under the light of the migration-related cases in the Court of Justice of the European Union

AbstractIn this article, the authors intend to cover two main issues. The first one relates to nationality and to the possibility of acquiring the dual nationality. The article will first define and debate nationality under a public and international law perspectives and then it will refer to Member States of the European Union that allow their citizens to obtain the dual nationality. To which extent this "allowance" is legally provided for nationality will also be discussed. The second issue refers to the analysis of how the possibility of dual (or multi) nationality influences a country's law and policy on migration. This analysis will be exclusively based on some recent decisions (both judgement and opinion) of the Court of Justice of the European Union: Lounes (C-165/16); Chavez-Vilchez (C-133/15); CS (C-304/14); Rendón Marin (C-165/14); and Petruhhin (C-182/15). This article will seek to have technical accuracy and neutrality. The work will consist of doctrinal research method, comparative research method (by comparing the different case-laws and relating them to one another, by asking "which is the legal basis used in each case?", and also "how does the Court approach to dual or multi- national EU citizens?"). The doctrinal research will contribute to develop the theoretical premises of the work as well as the concepts and definitions involved in the research study. Primary legal materials will be used, such as norms related to Migration Law from the European Union. Secondary legal materials such as textbooks, commentaries, law and social science articles, case commentaries, opinions and newspapers on nationality and migration will also be used in the doctrinal research. The goal of this article is to problematize the dual nationality within the European Union. The authors will try to prove if there is a common decision-making of the CJEU when it comes to migration policies related to dual- or multi- nationality individuals within the EU.