ElectronicjOurnalofcomparativeLa,vol.8.3(october2004),<http://www.ejcl.or TOWARDS A EUROPEAN NATIONALITY LAWI Gerard-Rene de groot Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or othenwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use 1. Introduction Article 8(1)of the Draft Treaty establishing a Constitution for Europe prepared by the European convention chaired by Valery Giscard d'Estaing provides as follows: 2 Every nationalof a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to nationalcitizenship; it shall not replace it This provision of the Draft Constitution repeats, in slightly different wording, Article 17(1) EC(introduced in 1992 by the Treaty of Maastricht on the European Union): 3 Citizenship of the Union is hereby established. Every person holding the nationa lity of a Member State shall be a citizen of the union And since the Treaty of Amsterdam, Article 17(1) continues as follows Citizenship of the Union shall complement and not replace nationalcitizenship Several questions arise in respect of these provisions. The core part of this inaugural lecture will deal with the question as to whether the introduction of European citizenship has consequences for the autonomy of the member States in matters of nationality. However before going into this, I would like to briefly dwell on two other issues: 1)the precise relationship between the terms nationality'andcitizenship' and 2)the statement, which is Inaugural lecture delivered on 13 November 2003 on the occasion of the authors acceptance of the Pierre Harmel chair of professeur invite at the Universite de liege. a word of thanks is in order to Louise Rayar for her English rev ision work 2 As subm itted to the President of the European Council in Rome on 20 July 2003, OJC 169 of 18 July 2003 OJC224 of3 1 August 1992. Effective as of I Novem ber 1993. Before the Treaty of Amsterdam came into force, Article 17used to be article 8. See, inter alia, Closa(1992), Closa(1994): Closa(1995); Evans (1991); Evans(1995); Evans and Jessurun d' Oliveira(1991); Jessurun d' Oliveira(1994), Jessurun d'Oliveira (1995); Kojanec(1998), Lippolis(1994) Perez Vera(1993); Preuss(1995), Sauerwald(1996) OJC 340 of 10 November 1997, in force since I May 1999
Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 1 TOWARDS A EUROPEAN NATIONALITY LAW1 Gerard-René de Groot Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. 1. Introduction Article 8 (1) of the Draft Treaty establishing a Constitution for Europe prepared by the European convention chaired by Valéry Giscard d’Éstaing provides as follows:2 Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship; it shall not replace it. This provision of the Draft Constitution repeats, in slightly different wording, Article 17 (1) EC (introduced in 1992 by the Treaty of Maastricht on the European Union):3 Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. And since the Treaty of Amsterdam, Article 17 (1) continues as follows:4 Citizenship of the Union shall complement and not replace national citizenship. Several questions arise in respect of these provisions. The core part of this inaugural lecture will deal with the question as to whether the introduction of European citizenship has consequences for the autonomy of the Member States in matters of nationality. However, before going into this, I would like to briefly dwell on two other issues: 1) the precise relationship between the terms ‘nationality’ and ‘citizenship’ and 2) the statement, which is 1 Inaugural lecture delivered on 13 November 2003 on the occasion of the author’s acceptance of the Pierre Harmel chair of professeur invitéat the Université de Liège. A word of thanks is in order to Louise Rayar for her English revision work. 2 As submitted to the President of the European Council in Rome on 20 July 2003, OJ C 169 of 18 July 2003. 3 OJ C 224 of 31 August 1992. Effective as of 1 November 1993. Before the Treaty of Amsterdam came into force, Article 17 used to be Article 8. See, inter alia, Closa (1992); Closa (1994); Closa (1995); Evans (1991); Evans (1995); Evans and Jessurun d’Oliveira (1991); Jessurun d’Oliveira (1994); Jessurun d’Oliveira (1995); Kojanec (1998); Lippolis (1994); Pérez Vera (1993); Preuss (1995); Sauerwald (1996). 4 OJ C 340 of 10 November 1997, in force since 1 May 1999
ElectronicjournalofcomparatiVeLa,vol.8.3(october2004),<http://www.ejcl.org/> incorrect, that all nationals of a Member State are European citizens, as expressed in these provisions 2. Terminology First of all, the terminology of Article 8(1) Draft Constitution and Article 17 EC Treaty is remarkable. In the English text, two different terms are used: 'nationality and"citizenship The relationship between these two concepts expressed in the English language is not fully clear. In the United Kingdom, the term nationality is used to indicate the formal link between a person and the state. The statute that regulates this status is the british Nationality Act.b The most privileged status to be acquired under this act, however, is the status of British citizen. 'In Ireland, it is the Irish Nationality and Citizenship Act that regulates who precisely possess Irish citizenship. In the United States, the Immigration and Nationality Acts regulates who is an American citizen, but the Act also provides that the inhabitants of American Samoa and Swains island have the status of American nationals without citizenship In the context of the eC Treaty and the draft Constitution, however, it is obvious that nationality refers to the formal link between a person and a state, irrespective of how this link is called under national law, whereas citizenship of the Union' refers to the newly created status in Community law. In the sentence added to Article 17 EC in the Treaty of Amsterdam, national citizenship' is most probably to refer to possession and exercise of citizenship rights at the national level. It fails to explain what precisely is meant by national citizenship. Remarkable also is that Article 17 EC provides that citizenship of the Union"shall complement' national citizenship, whereas Article 8(1)Draft Constitution prescribes that it shall be additional. The question needs to be raised as to whether the word dditional was chosen to indicate that nationality(of a Member State)is to be the primary status of a person and citizenship of the Union a secondary, accessory status. The word complement places both notions almost at the same level and seems to be a better word seeing that citizenship of the Union is considered 'destined to be the fundamental status of The Draft Constitution uses the expression"Every national instead of " Every person holding the Enacted in 1981, in force since I January 1983. See also BNA( Commencement) Order 1982, Statt Instruments 1982,933. The BNA 1981 has been amended on several occasions, most recently by the nationa Immigration and asylum Act 2002 Other status are British Overseas Territories Citizen(SS. 15-25 BNA 1981, amended in 2002 by the British Overseas Territories Act 2002), British Overseas Citizen(SS. 26-29 BNA 1981), British Subject without Citizenship(SS. 30-32 BNA 1981)and British Protected Persons(Ss. 38 and 50()BNA 1981) Act of the Oireachtas 1956, 439(most recently amended by the Irish Nationality and Citizenship Act 2001(Act15/2001)of5June2001) Act of 27 June 1952. Pub. L 82 414. 66 Stat. 163. as amended. codified in 8 U.S. C. Sec. 1101 ff. migration and Nationality Act 1952, Section 308(8 U.S.C. 1408)regarding persons born in an outly ing possession of the United States
Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 2 incorrect, that all nationals of a Member State are European citizens, as expressed in these provisions. 2. Terminology First of all, the terminology of Article 8 (1) Draft Constitution and Article 17 EC Treaty is remarkable. In the English text, two different terms are used: ‘nationality’5 and ‘citizenship’. The relationship between these two concepts expressed in the English language is not fully clear. In the United Kingdom, the term ‘nationality’ is used to indicate the formal link between a person and the state. The statute that regulates this status is the British Nationality Act.6 The most privileged status to be acquired under this Act, however, is the status of ‘British citizen’.7 In Ireland, it is the Irish Nationality and Citizenship Act8 that regulates who precisely possess Irish citizenship. In the United States, the Immigration and Nationality Act9 regulates who is an American citizen, but the Act also provides that the inhabitants of American Samoa and Swains Island have the status of American nationals without citizenship.10 In the context of the EC Treaty and the Draft Constitution, however, it is obvious that ‘nationality’ refers to the formal link between a person and a state, irrespective of how this link is called under national law, whereas ‘citizenship of the Union’ refers to the newly created status in Community law. In the sentence added to Article 17 EC in the Treaty of Amsterdam, ‘national citizenship’ is most probably to refer to possession and exercise of ‘citizenship rights’ at the national level. It fails to explain what precisely is meant by ‘national citizenship’. Remarkable also is that Article 17 EC provides that citizenship of the Union ‘shall complement’ national citizenship, whereas Article 8 (1) Draft Constitution prescribes that it ‘shall be additional’. The question needs to be raised as to whether the word ‘additional’ was chosen to indicate that nationality (of a Member State) is to be the primary status of a person and citizenship of the Union a secondary, accessory status. The word ‘complement’ places both notions almost at the same level and seems to be a better word, seeing that citizenship of the Union is considered ‘destined to be the fundamental status of 5 The Draft Constitution uses the expression ‘Every national’ instead of ‘Every person holding the nationality’. 6 Enacted in 1981, in force since 1 January 1983. See also BNA (Commencement) Order 1982, Statutory Instruments 1982, 933. The BNA 1981 has been amended on several occasions, most recently by the Nationality, Immigration and Asylum Act 2002. 7 Other status are British Overseas Territories Citizen (SS. 15-25 BNA 1981, amended in 2002 by the British Overseas Territories Act 2002), British Overseas Citizen (SS. 26-29 BNA 1981), British Subject without Citizenship (SS. 30-32 BNA 1981) and British Protected Persons (SS. 38 and 50 (1) BNA 1981). 8 Act of the Oireachtas 1956, 439 (most recently amended by the Irish Nationality and Citizenship Act 2001 (Act 15/2001) of 5 June 2001). 9 Act of 27 June 1952, Pub.L 82 414, 66 Stat. 163, as amended, codified in 8 U.S.C., Sec. 1101 ff. 10 Immigration and Nationality Act 1952, Section 308 (8 U.S.C. 1408) regarding persons born in an outlying possession of the United States
ElectronicJournalofcomparativeLaw,vol.8.3(october2004),chttp://www.ejcl.org/> nationals of the Member States,I It is very interesting to study the different language versions of the EC Treaty and the Draft Constitution. Like the English version, five other language versions also use two different terms in Article 17 EC to denote the concepts of nationality'and'citizenship'. th is, for example, the case in the French version, where the words nationalise and citoyennete 2 are used. See furthermore Dutch: nationaliteit- burgerscha German: Staatsangehorigkeir!4 Portugese: nacionalidade -cidadania Spanish: nacionalidad-ciudadania In four of these languages, the term for the formal link between a person and the state is evidently related etymologically to the English word nationality. In the German language the word Staatsangehorigkeit indicates that a person belongs(in German: gehort)to a state (German Staat) In French, Portuguese and Spanish, the terms denoting citizen'(citoyen, cidadao ciudadano )are closely related etymologically to the English language, which has citizen and city'(cite, cidade, ciudad). The Dutch and German terms are burger and burger respectively. Originally, the term was used to denote a person living in a fortified city. I5 In the Greek version, as many as three different terms are used UπnKooτnτa, leayEvEio,πoλ TEc In article 17(1)(1), citizenship of the Union'is expressed by teayEvEia tns Evoons, whereas in Article 17(1)(2)'citizen of the Union'is referred to as toteS ns Evoons National citizenship is referred to as seviN i0ayEveia, which could be slightly problematic because of the use of the adjective EOviKn In the Greek version of Article 17, Nationality of a Member State is expressed by unkootnta, but in Article 8(1)Draft Constitution unKootnta is no longer used; instead, again the expression seviN teaysveia is used In four other languages of the Union, a single term is used to denote the concepts of nationality'andcitizenship'. The Italian version uses cittadinanca for both. The Italian word nazionalita could not be used because of its obvious ethnic connotation The danish text refers to statsborger i en medlemsstat and unionsborgerskab, thus referring twice to borgerskab. The Danish word nationalitet had to be avoided also because of its ' ethnic connotation. Compare ECJ 2 October 2003(Case C-148/02), No 26, in re Garcia Avella On the relationship between these two French concepts throughout history, see Guiguet(1997; also 1998) Verwilghen(1999), pp 77. In Austria, Staatsangehorigkeit is called Staatsbuirgerschaft; from an Austrian perspective, therefore, European Buirgerschaft is acquired through Austrian Staatsbuirgerschaft Compare the title of the Austrian Nationality Act: Staatsbuirgerschaftsgeset=(Act of 15 July 1965, Bundesgesetzblatt(1965), 68) The German word Nationalitat is a voided because of its obvious ethnic dimension Kotalakidis(2000),p 45; Vink(2003), pp 23, 24. Compare borough, bourge, upyos
Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 3 nationals of the Member States’.11 It is very interesting to study the different language versions of the EC Treaty and the Draft Constitution. Like the English version, five other language versions also use two different terms in Article 17 EC to denote the concepts of ‘nationality’ and ‘citizenship’. This is, for example, the case in the French version, where the words nationalitéand citoyenneté12 are used. See furthermore: Dutch: nationaliteit - burgerschap; German: Staatsangehörigkeit13 - Bürgerschaft14; Portugese: nacionalidade - cidadania; Spanish: nacionalidad - ciudadania In four of these languages, the term for the formal link between a person and the state is evidently related etymologically to the English word ‘nationality’. In the German language, the word Staatsangehörigkeit indicates that a person belongs (in German: gehört) to a state (German: Staat). In French, Portuguese and Spanish, the terms denoting ‘citizen’ (citoyen, cidadão, ciudadano) are closely related etymologically to the English language, which has ‘citizen’ and ‘city’ (cité, cidade, ciudad). The Dutch and German terms are burger and Bürger, respectively. Originally, the term was used to denote a person living in a fortified city.15 In the Greek version, as many as three different terms are used: . In Article 17 (1) (1), ‘citizenship of the Union’ is expressed by , whereas in Article 17 (1) (2) ‘citizen of the Union’ is referred to as . National citizenship is referred to as , which could be slightly problematic because of the use of the adjective . In the Greek version of Article 17, ‘Nationality of a Member State’ is expressed by , but in Article 8 (1) Draft Constitution is no longer used; instead, again the expression is used. In four other languages of the Union, a single term is used to denote the concepts of ‘nationality’ and ‘citizenship’. The Italian version uses cittadinanza for both. The Italian word nazionalitàcould not be used because of its obvious ethnic connotation. The Danish text refers to statsborger i en medlemsstat and unionsborgerskab, thus referring twice to borgerskab. The Danish word nationalitet had to be avoided, also because of its ‘ethnic’ connotation. Compare: 11 ECJ 2 October 2003 (Case C-148/02), No. 26, in re Garcia Avello. 12 On the relationship between these two French concepts throughout history, see Guiguet (1997; also 1998); Verwilghen (1999), pp. 77 ff. 13 In Austria, Staatsangehörigkeit is called Staatsbürgerschaft; from an Austrian perspective, therefore, European Bürgerschaft is acquired through Austrian Staatsbürgerschaft. Compare the title of the Austrian Nationality Act: Staatsbürgerschaftsgesetz(Act of 15 July 1965, Bundesgesetzblatt (1965), 68). 14 The German word Nationalität is avoided because of its obvious ethnic dimension. 15 Kotalakidis (2000), p. 45; Vink (2003), pp. 23, 24. Compare borough, bourge,
Electronic ofcomparative La 8.3(october2004),<http://www.ejcl.or Finnish kansalainen-kansalaisuus Swedish: medborgare ien medlemsstat-unionsmedborgare In almost all the candidate Member States which will join the European Union on 1 may tord is used in the text of article 8 Draft Constitution Estonian: kdanik-kodakondsus Latvian: pilsonis-pilsoniba Lithuanian pilietybe-Sajungos pilietybie ungarian: polgarsag-allampolgarsagot; Maltese: cittadinanza-cittadinanza ta'7-Unjoni Polish: obywatelstwva-obywatelstwo Slovak: statnemu obcianstyu-obcianstvo unie Slovenian: dr-cavljanstva-drzavljanstvo Unje a problem in nearly all of these languages was how to avoid words that referred to the ethnic dimension of persons. Only in the Czech-language version, two different words are used statni prislusnost-obcanstvi Unie, which more or less have the same relationship as Staatsangehorigkeit and Staatsburgerschaft in the german language. I It is remarkable that the Danish text does not use the danish word indfodsret for nationality,, whereas the danish Nationality Act'does The dual use of the word borgerskab in the Danish version may perhaps partly explain the Danish fear that the creation of European citizenship could be the first step towards the decline of their own(Danish) nationality. Compare the Danish declaration on citizenship of the Union on the occasion of the Danish ratification of the Maastricht Treaty: I 1. Citizenship of the Union is a political and legal concept which is entirely different from the concept of citizenship within the meaningof the Constitution of the Kingdom of Denmark and of the Danish legal system. Nothing in the Treaty on European Union implies or foresees an undertaking to create a citizenship of the Union in the sense of citizenship of a nation State. The question of Denmark participating in any such development does, therefore, not arise 2. Citizenship of the Union in no way in itself gives a nationalof another Member State the right to btain Danish citizenship or any of the rights, duties, privileges or advantages that are inherent in Danish citizenship by virtue of Denmarks constitutional, legal and administrative rules. Denmark will fully respect all specific rights expressly provided for in the Treaty and apply ing to nationals of the Mem ber States In reaction to this Danish statement, the Heads of State or Government 9in the European Information by lucas in an e-mail message of 8 October 2003 Lov om dansk indfodsret OJ1992C348/1l Decision of the Heads of State or Govemment, meeting within the European Council, concemil certain problems raised by Denmark on the Treaty on European Union(see OJ 1992C 348/1). On this decision e Curtin and Van Ooik(1994) 4
Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 4 Finnish: kansalainen - kansalaisuus; Swedish: medborgare i en medlemsstat - unionsmedborgare In almost all the languages of the candidate Member States which will join the European Union on 1 May 2004, a single word is used in the text of Article 8 Draft Constitution: Estonian: kdanik - kodakondsus; Latvian: pilsonis - pilsoniba; Lithuanian: pilietybe - Sajungos pilietybie; Hungarian: polgarsag - allampolgarsagot; Maltese: cittadinanza - cittadinanza ta’l-Unjoni; Polish: obywatelstwa - obywatelstwo; Slovak: statnemu obcianstvu - obcianstvo únie; Slovenian: drzavljanstva - drzavljanstvo Unije. A problem in nearly all of these languages was how to avoid words that referred to the ethnic dimension of persons. Only in the Czech-language version, two different words are used: státní prislusnost - obcanstvi Unie, which more or less have the same relationship as Staatsangehörigkeit and Staatsbürgerschaft in the German language.16 It is remarkable that the Danish text does not use the Danish word indfødsret for ‘nationality’, whereas the Danish Nationality Act17 does. The dual use of the word borgerskab in the Danish version may perhaps partly explain the Danish fear that the creation of European citizenship could be the first step towards the decline of their own (Danish) nationality. Compare the Danish declaration on citizenship of the Union on the occasion of the Danish ratification of the Maastricht Treaty:18 1. Citizenship of the Union is a political and legal concept which is entirely different from the concept of citizenship within the meaning of the Constitution of the Kingdom of Denmark and of the Danish legal system. Nothing in the Treaty on European Union implies or foresees an undertaking to create a citizenship of the Union in the sense of citizenship of a nation State. The question of Denmark participating in any such development does, therefore, not arise. 2. Citizenship of the Union in no way in itself gives a national of another Member State the right to obtain Danish citizenship or any of the rights, duties, privileges or advantages that are inherent in Danish citizenship by virtue of Denmark’s constitutional, legal and administrative rules. Denmark will fully respect all specific rights expressly provided for in the Treaty and applying to nationals of the Member States. In reaction to this Danish statement, the Heads of State or Government19 in the European 16 Information by Lucas Bortel in an e-mail message of 8 October 2003. 17 Lov om dansk indfødsret. 18 OJ 1992, C 348/1. 19 Decision of the Heads of State or Government, meeting within the European Council, concerning certain problems raised by Denmark on the Treaty on European Union (see OJ 1992 C 348/1). On this decision, see Curtin and Van Ooik (1994)
ElectronicjournalofComparativeLaw,vol.8.3(october2004),<http://www.ejclorg/> Council session of 11 and 12 December 1992 reiterated the message contained in the declaration on nationality attached to the maastricht Treaty The provisions of Part Two of the Treaty establishing the Euro pean Community relating to citizenship of the Union give nationals of the Mem ber States add itionalrights and protection as specified in that Part. They do not in any way take the place of national citizenship. The question whether an indiv idual possesses the nationality of a Member State will be settled solely by reference to the national law of the Mem ber State concemed Danish hesitation ultimately led to amendment of Article 17 ec by the amsterdam Treaty, in which it was emphasised that citizenship of the Union complemented rather than replaced national citizenship It is noteworthy that, although the Italian text, like the Danish, uses both times the same expression(cittadinanza), Italian authorities and scholarly writers did not have the same reservations as the Danish. 0 This may be explained by a difference in approach by Denmark and italy in respect of Drafts published by the European Commission Denmark has always been very critical (as has been the United K ingdom)where details in the text of the drafts are concerned, whereas Italy tends to concentrate on the gist of a proposal, without paying too much attention to detail. Furthermore, in Danish, a second word, indfodsret, was available, whereas in the Italian language to the best of my knowled ge, there was not 3. Not all nationals of a Member State are european citizens In spite of the clear statement of Article 17 EC and Article 8 Draft Constitution that every national of a member State is a citizen of the union it can be observed that some nationals of Member States do not have this status. This is in particular the case in the United Kingdom Already on the occasion of its accession to the EC in 1972, the United Kingdom issued a special declaration, defining who is British for Community purposes As to the United Kingdom of great Brita in and Northem Ireland the terms nationa,,nationals of Mem ber States or ' nationa ls of mem ber States and overseas countries and territories' wherever used in the Treaty establishing the European Econom ic Community, the Treaty establishing the European Atom ic Energy Community or the Treaty esta blishing the European Coal and Steel Community or in any of the Community acts deriving from those Treaties, are to be understood to refer to a. persons who are citizens of the United Kingdom and Colonies or British subjects not possessing that citizenship or the citizenship of any other Commonwealth country orterritory, who, in either case, have the right of abode in the United Kingdom, and are therefore exempt from United Kingdom immigration b. persons who are citizens of the United Kingdom and Colonies by birth or by registration or naturalisation in Gibraltar, or whose father was so born, registered or naturalised It should be noted that at the time of signature of the Maastricht Treaty Finland and Sweden were not yet Member States of the Union See OJ(EC)1972L 73/196; BGBl ll, 1410; on this declaration, Evans (1982b); Evans(1984); Plender ( 1976), pp 42-45. Compare also Command Paper 9062, and Jessurun d'Oliveira(1999), pp 400, 401
Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 5 Council session of 11 and 12 December 1992 reiterated the message contained in the declaration on nationality attached to the Maastricht Treaty: The provisions of Part Two of the Treaty establishing the European Community relating to citizenship of the Union give nationals of the Member States additional rights and protection as specified in that Part. They do not in any way take the place of national citizenship. The question whether an individual possesses the nationality of a Member State will be settled solely by reference to the national law of the Member State concerned. Danish hesitation ultimately led to amendment of Article 17 EC by the Amsterdam Treaty, in which it was emphasised that citizenship of the Union complemented rather than replaced national citizenship. It is noteworthy that, although the Italian text, like the Danish, uses both times the same expression (cittadinanza), Italian authorities and scholarly writers did not have the same reservations as the Danish.20 This may be explained by a difference in approach by Denmark and Italy in respect of Drafts published by the European Commission. Denmark has always been very critical (as has been the United Kingdom) where details in the text of the drafts are concerned, whereas Italy tends to concentrate on the gist of a proposal, without paying too much attention to detail. Furthermore, in Danish, a second word, indfødsret, was available, whereas in the Italian language, to the best of my knowledge, there was not. 3. Not all nationals of a Member State are European citizens In spite of the clear statement of Article 17 EC and Article 8 Draft Constitution that every national of a Member State is a citizen of the Union, it can be observed that some nationals of Member States do not have this status. This is in particular the case in the United Kingdom. Already on the occasion of its accession to the EC in 1972, the United Kingdom issued a special declaration,21 defining who is British for Community purposes: As to the United Kingdom of Great Britain and Northern Ireland, the terms ‘nationals’, ‘nationals of Member States’ or ‘nationals of Member States and overseas countries and territories’ wherever used in the Treaty establishing the European Economic Community, the Treaty establishing the European Atomic Energy Community or the Treaty establishing the European Coal and Steel Community or in any of the Community acts deriving from those Treaties, are to be understood to refer to: a. persons who are citizens of the United Kingdom and Colonies or British subjects not possessing that citizenship or the citizenship of any other Commonwealth country or territory, who, in either case, have the right of abode in the United Kingdom, and are therefore exempt from United Kingdom immigration control; b. persons who are citizens of the United Kingdom and Colonies by birth or by registration or naturalisation in Gibraltar, or whose father was so born, registered or naturalised. 20 It should be noted that at the time of signature of the Maastricht Treaty Finland and Sweden were not yet Member States of the Union. 21 See OJ (EC) 1972 L 73/196; BGBl. II, 1410; on this declaration, Evans (1982b); Evans (1984); Plender (1976), pp. 42-45. Compare also Command Paper 9062, and Jessurun d’Oliveira (1999), pp. 400, 401