ElectronicjOurnalofcomparativeLa,vol.8.3(october2004),<http://www.ejcl.org/> of French overseas territories(territoires outremer), it has to be concluded -with some hesitation-that they do possess European citizenship, although they reside in territories of the Member States which are not situated within the territory of the European Union Of interest as well is the position of those Spanish nationals, who, in addition to their Spanish nationality, possess the nationality of a Latin-American country pursuant to the Treaties on dual nationality, which Spain entered into with twelve Latin American countries. 40If resid ing in Spain, they are definitely European citizens; if they are living in Latin America or a third State, European citizenship depends on whether they are entitled to a Spanish passport. In the original versions of the various Treaties on dual nationality, they were not entitled to a Spanish passport, but recent amendments to several treaties grant this right, even to those resid ing in Latin America. If they hold a Spanish passport, they can presentI themselves as European citizens. 42 Remarkable also is the position of dual Italian-Argentinean citizens or their descendants, owing to the Italian-Argentinean treaty on dual nationality, 43 which was modelled on the Spanish-Argentinean treat In add ition to these borderline cases of European citizenship, it is worthwhile to study the rules in force in member States that allow descendants of former nationals living abroad to acquire the nationality of their ancestors. Considerable differences can be observed between these rules. Some Member States are very restrictive in respect of access to citizenship for descendants of former nationals resid ing abroad. Other States are extremely liberal. Since 9 J 2003,44 Spain, for example, grants a right to opt for Spanish nationality to all children born of a parent who originally possessed Spanish nationality and was born in Spain(Article 20(1)(b) Codigo civil). The declaration to opt for Spanish nationality can also be made outside Spain. The option right is not limited in respect of the ge of the person involved. The grand children of persons who originally possessed Spanish nationality, will be able to acquire Spanish nationality by naturalisation after a residence period of one year(Article 22(2)(f)Codigo civil). Italy offers rather similar access to Italian nationality for the children and grandchildren of italian emigrants 45 As a result of the new See De groot(2002 c), pp 74-76, with further references. For a different opinion, see Hartley(1978), pp 77-80: Mortelmans and Temmink(1991), in particular pp 63, 64 Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Columba, Nicaragua, Paraguay and Peru; for further information, see Aznar Sanchez(1977)and, more recently, Alvarez Rodriguez(2000)and Coppa(2002) See Arts. 2 (1)and 6(a)Directive 73/148 (establishment and services)and Arts. 3 (1)and 4 (3)(a) Directive 68/360(workers) De groot(2002d) No/ Treaty of 29 October 1971; in Italy approved by Act of 18 May 1973, No.282 Gazetta Ufficiale 1973 Act 36/2002 of 9 October 2002. BOE 2002. 35638-35640On this new Act. see Alvarez ro (2002) ee Arts. 4 and 9 Legge sulla cittadinanza italiana of5 February 1992, Gazetta Ufficiale 15 February 1992. No. 38 and Art. 1 ofthe Act No. 379 of 14 Decem ber 2000. Gazetta Ufficiale No. 295 of 19 Decem ber 2000Electronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 9 of French overseas territories (territoires outremer), it has to be concluded - with some hesitation - that they do possess European citizenship39, although they reside in territories of the Member States which are not situated within the territory of the European Union. Of interest as well is the position of those Spanish nationals, who, in addition to their Spanish nationality, possess the nationality of a Latin-American country pursuant to the Treaties on dual nationality, which Spain entered into with twelve Latin American countries.40 If residing in Spain, they are definitely European citizens; if they are living in Latin America or a third State, European citizenship depends on whether they are entitled to a Spanish passport. In the original versions of the various Treaties on dual nationality, they were not entitled to a Spanish passport, but recent amendments to several treaties grant this right, even to those residing in Latin America. If they hold a Spanish passport, they can present 41 themselves as European citizens.42 Remarkable also is the position of dual Italian-Argentinean citizens or their descendants, owing to the Italian–Argentinean treaty on dual nationality,43 which was modelled on the Spanish–Argentinean treaty. In addition to these borderline cases of European citizenship, it is worthwhile to study the rules in force in Member States that allow descendants of former nationals living abroad to acquire the nationality of their ancestors. Considerable differences can be observed between these rules. Some Member States are very restrictive in respect of access to citizenship for descendants of former nationals residing abroad. Other States are extremely liberal. Since 9 January 2003,44 Spain, for example, grants a right to opt for Spanish nationality to all children born of a parent who originally possessed Spanish nationality and was born in Spain (Article 20 (1) (b) Código civil). The declaration to opt for Spanish nationality can also be made outside Spain. The option right is not limited in respect of the age of the person involved. The grandchildren of persons who originally possessed Spanish nationality, will be able to acquire Spanish nationality by naturalisation after a residence period of one year (Article 22 (2) (f) Código civil). Italy offers rather similar access to Italian nationality for the children and grandchildren of Italian emigrants.45 As a result of the new 39 See De Groot (2002c), pp. 74-76, with further references. For a different opinion, see Hartley (1978), pp. 77-80; Mortelmans and Temmink (1991), in particular pp. 63, 64. 40 Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Columbia, Nicaragua, Paraguay and Peru; for further information, see Aznar Sanchez (1977) and, more recently, Alvarez Rodriguez (2000) and Coppa (2002). 41 See Arts. 2 (1) and 6 (a) Directive 73/148 (establishment and services) and Arts. 3 (1) and 4 (3) (a) Directive 68/360 (workers). 42 De Groot (2002d). 43 Treaty of 29 October 1971; in Italy approved by Act of 18 May 1973, No. 282, Gazetta Ufficiale 1973 , No. 152. 44 Act 36/2002 of 9 October 2002, BOE 2002, 35638-35640. On this new Act, see Alvarez Rodriguez (2002). 45 See Arts. 4 and 9 Legge sulla cittadinanza italiana of 5 February 1992, Gazetta Ufficiale 15 February 1992, No. 38 and Art. 1 of the Act No. 379 of 14 December 2000, Gazetta Ufficiale No. 295 of 19 December 2000