Against 'Associate EU Citizenship'

Kochenov, Dimitry; Brink, Martijn van den

doi:10.2139/ssrn.3338435

Cited by 3 publications

(2 citation statements)

References 32 publications

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“…The starting position for the negotiations, they argued, must be to accept that EU citizenship is terminated for nationals of a withdrawing state. 103 In this author's view, the debate about associate or continuing EU citizenship is a distraction. It's not the label that matters.…”

Section: What Rights To Protect?mentioning

confidence: 99%

From Union Citizen to Third-Country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union

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2020

European Citizenship Under Stress

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Section: What Rights To Protect?mentioning

confidence: 99%

From Union Citizen to Third-Country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union

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2020

European Citizenship Under Stress

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“… 25 See, centrally, Article 20 of the Treaty on the Functioning of the European Union which makes EU citizenship derivative from the citizenship of a Member State. For discussion see van den Brink and Kochenov ( 2019 ). …”

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confidence: 99%

The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7

Theuns

2022

Res Publica

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What should the EU do about the fact that some Member States are backsliding on their commitments to democracy, supposedly a fundamental value of the EU? The Treaty provisions under Article 7 TEU are widely criticized for being ineffective in preventing such developments. Are they legitimate? I argue that the ultimate sanction of Article 7 TEU falls into a performative contradiction, which undermines its ability to coherently defend fundamental values. Instead, expulsion from the EU is the appropriate, coherent and legitimate final political sanction for democratic and rule of law backsliding by a Member State. The argument has the following steps: In Part 1, I argue that the current Article 7 framework for responding to democratic and rule of law backsliding in the EU is normatively problematic, in that the mechanism currently in the Treaty undermines the values it purports to defend; in other words, it falls into a performative contradiction. It is undemocratic to deprive Member States of their right to vote in the Council while holding them subject to Council decisions. However, Part 2 studies relevant philosophical arguments from an adjacent literature on criminal disenfranchisement, concluding that allowing backsliding Member States to keep their voting rights in the Council also taints the democratic character of Council decision-making. In Part 3, I consider the resulting paradox in light of the literature on militant democracy. Could militant democracy justify Article 7? I argue not; even if we accept the hypothetical justifiability of militant measures, they are not legitimate here since a democratically acceptable alternative exists that would safeguard the democratic character and legitimacy of Council decision-making: expulsion from the Union. I also address a central objection to an expulsion mechanism—that it would require treaty change and is therefore practically impossible.

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ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a

Novak

2022

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The citizenship of the Union, established by the Maastricht Treaty, became, by virtue of CJEU case law, a fundamental status of nationals of the Member States enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality. The paper aims to research how the CJEU expanded the EU law application by using the citizenship of the Union and where it set the limits to this expansion. To this end, following the introductory part of the paper, the issues of acquisition and loss of Union citizenship have been analysed. The third part of the paper researches into the CJEU case law regarding expansion of EU law application through the citizenship of the Union. This expansion was first conducted by eliminating both economic and cross-border links as conditio sine qua non of EU law application. The fourth part of the paper considers the possibility of emancipation of EU citizenship from the concept of Member State nationality regarding relevant TEU and TFEU provisions and CJEU case law. Finally, the paper concludes that CJEU has greatly encouraged the expansion of citizenship of the Union but has also limited this expansion by attaching it to national citizenship, which is in line with relevant TEU and TFEU provisions.

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Against 'Associate EU Citizenship'

Cited by 3 publications

References 32 publications

From Union Citizen to Third-Country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union

From Union Citizen to Third-Country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union

The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7

ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a

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