Executive Summary
Citizenship in EU Member States is acquired mainly by birth – either by descent (ius sanguinis)
or birth in the territory of the state (ius soli).
In 2020 all Member States provide for citizenship by descent from citizen parents. This is
generally automatic and unconditional when children are born to citizens in the country, but
can be subject to a variety of conditions for children born abroad.
A small minority of states provide citizenship at birth on the sole basis of birth in the territory.
In no case is this unconditional, but depends on the parents’ having established residence, or
the children having themselves been born in the state. Other states provide for citizenship at
some point after birth, when the child has continued to live for several years in the state. In
addition, most, but not all, EU Member States provide citizenship for the special cases of
foundlings and, more conditionally, for those who would otherwise be stateless.
Between 2013 and 2020 changes in provision on the basis of descent in 9 Member States have
mainly reduced restrictions on fathers transmitting citizenship to their children out of wedlock,
addressed new forms of partnership and parental relations, and extended opportunities for
access to citizenship by certain descendants of former citizens.
Changes in provision on the basis of birth in the territory in 8 Member States have mainly
increased acquisition by children who would otherwise be stateless, and increased access to
citizenship after birth on the basis of residence or education in states which otherwise have
limited ius soli provision.
Most changes represented more inclusive provisions, but are limited in their potential impact
and in the number of countries involved.
All Member States should provide citizenship for foundlings and stateless children; provisions
for citizenship for those born at risk of becoming stateless should be strengthened in many
states. In the interest of encouraging integration of immigrants, more general provision should
be made for children who are born and will live in the state. Either citizenship should be
acquired at birth or, if it depends also on a period of residence, it should be possible to acquire
without onerous requirements or procedures that may exclude many who have lived all their
lives in the state.
The few remaining countries without gender equality in transmitting citizenship to children
outside marriage should amend this. Other states should accommodate different kinds of
partnerships and parental relations in their citizenship laws.
Provisions that allow the indefinite extension of ius sanguinis abroad risk making this, and EU
citizenship, over-inclusive. To avoid this, Member States should consider requiring the
establishment of some connection after the second generation born abroad, if this be only a
matter of registration.