NACIONALIDAD Y CIUDADANÍA: UNA RELACIÓN A DEBATE

Abstract

This work analyses the response that the Spanish State as a Nation-State, is giving to integration of the immigrant as citizen. Contrary to those who consider that residence has to be the access way to citizenship in the face of the crisis of the Nation-State and the geographical mobility that the global economy imposes on people, here the political relevance of nationality is defended, as an undivided individual share of belonging to the constituent power in a harmonious relation with the flexible concept of residence. This research is divided into five sections, in which nationality and the constituent power, the ways of access to Spanish nationality, the conflict of Nation or State, the characteristics of original nationality and finally, the criteria used by States to select the potential immigrant. The critical analysis of the Spanish legislation on nationality and citizenship together with the theoretical debates, have enabled us to conclude with a proposal of lege ferenda focussed on a radical reform of the concept of nationality.