Free Movement of Dual EU Citizens

This article introduces the principle of ranking of nationalities and mobility quality in EU free movement law and explains how this applies to dual EU citizens. It describes how the right to return case-law was detrimental to dual EU citizens moving between Member States of nationality and how the recent Lounes judgment (judgment of 14 November 2017, case C-165/16) affects this. The article furthermore explains how Lounes should be applied by reference to the geographical and individual scopes, as well as the consequences of this judgment. The conclusion drawn is that, in the near future, the Court of Justice will be faced with a major choice: either it will extend the right to return, by largely abandoning the principle of reverse discrimination, as well as by revising its case-law on individuals who lost the nationality of their Member State of origin and the rights attached thereto; or it will restrict the nationality laws of Member States as to the duty to renounce nationality, and the automatic loss of nationality upon acquisition of a nationality.

David de Groot, Free Movement of Dual EU Citizens, European Papers, 2018