Limitations of National Autonomy of Member States in the Field of Nationality in EU Law: from the “Italian” Dentist to the “Maltese” Millionaires

In this paper, we will limit ourselves to the specific limitations of national autonomy in matters of nationality arising from EU law. As regards the rules on the loss of nationality, the principle of proportionality is of paramount importance. In light of the case-law of the Court of Justice of the EU, it can be concluded that national regulations providing for the loss of nationality due to long-term residence in another State or the voluntary acquisition of foreign nationality are in principle compatible with EU law, provided that they comply with the principle of proportionality. As regards the rules relating to the acquisition of nationality, the principle of loyal cooperation is key. The Court of Justice of the EU has linked it to the values of the Union, in particular solidarity and democracy, thus justifying the existence of a “special relationship of solidarity and loyalty” between States and their citizens.