Trends in Birthright Citizenship in EU 28 2013-2020
3. Remaining gender discrimination with respect to citizenship transmission by parents out of
wedlock should be addressed, following the initiatives taken by Austria, Finland and Denmark.
Such provisions should not apply short time limits for recognition by fathers.
More states should recognize changing forms and definitions of parenthood and family
as we witness considerable changes in this area, and follow the initiatives of Finland, Denmark
in this respect.
4. There is an anomaly in the case of Member States that provide automatic access to
citizenship abroad by ius sanguinis, but do not provide any access to citizenship by ius soli for
persons born and living in their territory. Indeed a number of countries allow ius sanguinis
citizenship to be transmitted indefinitely across generations to citizens born abroad, yet do not
offer any ius soli citizenship at birth. This may lead to increasing numbers of citizens who have
no substantial connection to the country. As Member State citizenship entails EU citizenship,
it also has an impact on the European Union and the composition of its citizenry. Member
States should reconsider the indefinite extension of ius sanguinis citizenship abroad, by
requiring the establishment of some connection after the second generation born abroad, if this
be only a matter of registration. Extensions of citizenship to still more remote generations may
be less justified in the cases of extensions to broad national diasporas than in the case of
descendants of those expelled, though, even in the latter case, the establishment of some kind
of connection should be expected.
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RSCAS/GLOBALCIT-Comp. 2020/2 - © 2020 Authors