Toothless European Citizenship / Šimon Uradnik

fact since it occurs unvolitionally; therefore, in terms of the emergence of such a legal relationship, that can be a birth amongst others. 230 Albeit the principles of the emergence of the public legal relationship of Union citizenship are of more than a similar nature like in the case of Member State’s nationality, the entire process is defined by the different legal title, which results in the different anticipated legal fact. As the author has submitted, all those different iura , 231 which are inherent to the acquisition of the nationality of a Member State, are not inherent to the acquisition of citizenship of the Union. Since it is in the Union case conducted by the D. Kochenovdeveloped term of ius tractum . Ius tractum is the legal title of Union citizenship which firstly delineates the circle of recipients of the norm — ‘ [e]very person holding the nationality of a Member State’, 232 secondly defines legally relevant circumstances — ‘[e] very person holding the nationality of a Member State ’, 233 and thirdly states the legal effect — ‘shall be a citizen of the Union’. 234 Consequently, it is a lawful legal status that is the legal fact, concretely, the lawful legal status in the form of the holding, possession of Member State’s nationality. Figure VI. − Emergence of Member State’s nationality

230 Another lawful legal event may be a case of a foundling. 231 See Chapter 3.1.1. General Scholarship on Nationality Law above. 232 Emphasised added by the author; Consolidated version of the Treaty on the Functioning of the European Union [2012] OJ 326/47, article 20 paragraph 1. 233 Emphasised added by the author; ibid. 234 Ibid.

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