2.4. Investor citizenship schemes and EU law In line with the Treaties, every person who becomes a national of a Member State shall be a citizen of the Union24. Citizenship of the Union is destined to be the fundamental status of nationals of the Member States25. A decision by one Member State to grant citizenship for investment automatically confers rights26 in relation to other Member States, in particular free movement rights, the right to vote and stand as a candidate in local and EU elections, the right to consular protection if unrepresented outside the EU and rights of access to the internal market to exercise economic activities. It is precisely the benefits of Union citizenship, notably free movement rights, that are often advertised as the main attractive features of such schemes. The Court of Justice of the EU has held, in what is now settled case-law, that, while it is for each Member State to lay down the conditions for the acquisition and loss of nationality, they must do so having due regard to Union law27. Having due regard to EU law means taking into account all rules forming part of the Union legal order and includes having due regard to norms and customs under international law as such norms and customs form part of EU law28. The Nottebohm case of the International Court of Justice establishes that, for nationality acquired through naturalisation to be recognised in the international arena, it should be granted on the basis of a genuine connection between the individual and the State in question29. The “bond of nationality” is traditionally based either on a genuine connection with the people of the country (by descent, origin or marriage) or on a genuine connection with the country, established either by birth in the country or by effective prior residence in the country for a meaningful duration. Other elements may be required to attest to the existence of a genuine bond with the country, such as knowledge of a national language and/or of the culture of the country, links with the community. The existence of these requirements in Member State nationality regimes confirms that Member States generally regard the establishment of a genuine link as a necessary condition for accepting third-country nationals into their societies as citizens. Such a common understanding of the bond of nationality also lies at the basis of Member States' acceptance that Union citizenship and the rights entailed by it under the Treaty on the Functioning of the European Union (TFEU) would accrue automatically to any person becoming one of their citizens. 24 25 26 27 28 29 Article 9 TEU and Article 20(1) TFEU. Judgment of 20 September 2001, Grzelczyk, C-184/99, EU:C:2001:458, paragraph 31. See Article 20(2) TFEU. Judgment of 7 July 1992, Micheletti and Others v Delegación del Gobierno en Cantabria, C-369/90, EU:C:1992:295, paragraph 10; Judgment of 11 November 1999, Belgian State v Mesbah, C-179/98, EU:C:1999:549, paragraph 29; Judgment of 20 February 2001, Kaur, C-192/99, EU:C:2001:106, paragraph 19; Judgment of 19 October 2004, Zhu and Chen, C-200/02, EU:C:2004:639, paragraph 37; Judgment of 2 March 2010, Rottmann, C-135/08, EU:C:2010:104, paragraph 39; see also Case C-221/17 Tjebbes, pending. See Opinion of Advocate-General Maduro in Case C-135/08 Rottmann, paragraphs 28-29; as regards impact of international law on EU law, see: Judgment of 14 May 1974, 3, Nold KG v Commission, Case 473, EU:C:1974:51; Judgment of 24 November 1992, Anklagemindigheden v Poulsen and Diva Navigation, C-286/90, EU:C:1992:453, paragraphs 9 and 10, and Judgment of 16 June 1998, Racke v Hauptzollamt Mainz, C-162/96, EU:C:1998:293, paragraphs 45 and 46. Judgment of the International Court of Justice of 6 April 1955, Nottebohm, I.C.J. Reports 1955, p. 4, available at https://www.icj-cij.org/files/case-related/18/018-19550406-JUD-01-00-EN.pdf 5