Multilevel citizenship and ownership

  • Clara Souto Galván Universidad Rey Juan Carlos
DOI: https://doi.org/10.18543/ed-68(1)-2020pp449-473
Keywords: Citizenship, nationality, multilevel, rights, freedoms.

Abstract

Citizenship involves the recognition of fundamental and constitutional rights to which they are subject by the country in which they live, but who is considered a citizen? Who owns the recognition of those rights in a country? Questions that do not always get an easy answer, especially because the citizens have reached a multilevel dimension that hinders this recognition, proving that it will depend on the country of origin or the country of residence, if that country belongs to the European Union or are nationals of third countries, depending in turn on the treaties signed with these countries, all of which aspects are intended to be answered, from the legislative and constitutional point of view, detailing the most significant advances that have been developed at European, State and autonomic, with respect to directives, conventions and international agreements and constitutional reforms, such as the reform of art. 13.2 of the Spanish Constitution, which in addition to being the first constitutional reform represented an important advance in the recognition of political rights of foreigners in municipal elections, as they were given the right to be elected, although it could be revised to achieve greater degree of equality the nationals of a country with its residents.

In conclusion, what is proposed is to democratize access to nationality when it is a condition for the enjoyment of citizenship, reducing time and requirements, but also avoiding the recognition of those rights only by acquisition of nationality, but rather long-term residents, without this requirement may be subject to recognition of rights, in particular the right to active and passive suffrage. For which it would be necessary to modify again the art. 13.2 including long-term residents and eliminating the need to rely on the principle of reciprocity, which would allow a greater integration of nationals of other countries in the State of residence.

Received: 24.03.2020
Accepted: 12.06.2020
Published online: 03.07.2020

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Author Biography

Clara Souto Galván, Universidad Rey Juan Carlos

Profesora contratada doctora de Derecho Constitucional

Published
2020-07-03
How to Cite
Souto Galván, Clara. 2020. “Multilevel Citizenship and Ownership”. Estudios De Deusto 68 (1), 449-73. https://doi.org/10.18543/ed-68(1)-2020pp449-473.
Issue
Vol. 68 No. 1 (2020)
Section
Studies

Last update: 08/02/2022

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