(2004/C 33 E/113)

WRITTEN QUESTION E-1390/03

by Antonio Di Pietro (ELDR) to the Commission

(15 April 2003)

Subject:   Application of agreements on dual nationality by certain Länder of the Federal Republic of Germany

The EU treaty provides for the existence of European citizenship.

On 19 September 2001, the Government of the Federal Republic of Germany signed the European Convention on Nationality of 6 November 1997, and decided to withdraw from the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality of 6 May 1963.

The Act amending the German Nationality Act (Gesetz zur Reform des Staatsangehörigkeitsrechts) of 15 July 1999, which came into force on 1 January 2000, states that the granting of dual nationality to EU citizens resident in Germany must be subordinate to the principle of reciprocity.

On 25 May 2002, a ministerial decree of the Italian Republic stated that EU citizens may acquire Italian nationality without forfeiting their own citizenship, and vice versa, thereby fulfilling the conditions of reciprocity set out in the German legislation.

Following a bilateral agreement between Italy and Germany of 22 December 2002, the arrangement referred to in Article 87 (2) of the amended German Nationality Act became applicable, making it possible for Italians living in Germany who satisfy certain conditions to apply for German citizenship without having to give up their Italian citizenship. The Länder of Bavaria and Baden-Württemberg have, however, interpreted the legislation restrictively, despite the reciprocity requirements that exist between Italy and Germany, as the Italian measure is not a law, but simply an administrative act.

In light of this information, what steps does the Commission intend to take to safeguard the rights of Italian citizens resident in these Länder and to standardise the rules governing nationality at European level in such a way as to resolve at the outset any judicial and political conflict that may arise between Member States in this area?

Answer given by Mr Vitorino on behalf of the Commission

(15 May 2003)

The Commission would point out that the issues relating to double nationality and nationality laws raised by the Honourable Member are matters falling under the competence of Member States. This is confirmed by the Declaration on nationality of a Member State appended to the Treaty of Maastricht, which states that the nationality of Member States is entirely a matter for the Member States concerned. It does not fall under the competence of the Union. It is therefore for each Member State, having due regard to Community law, to lay down the conditions for the acquisition and loss of nationality (1), including rules concerning double nationality.

In these circumstances, the Commission is not able to take any initiatives relating to the subject matter.

(1)  See judgement of the European Court of Justice in case C-369/90 Micheletti of 7.7.1992, ECR 1992, p. I-4239.