2013
DOI: 10.1017/s0020589312000589
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The Essence of Eu Citizenship Emerging From the Last Ten Years of Academic Debate: Beyond the Cherry Blossoms and the Moon?

Abstract: This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points. It explores EU citizenship's relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multi-level governance, and its impact on the lives of ordinary Europeans. A large number of key works which influence… Show more

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Cited by 47 publications
(7 citation statements)
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“…108 Another critical case which builds on the Rottmann line of reasoning is Ruiz Zambrano.109 This case dealt with the decision of the Belgian authorities to deprive the residency and working rights of Mr Ruiz Zambrano, a Colombian national and parent of two children born in Belgium.110 The ecj insisted on the applicability of the case under EU law, despite the absence of crossborder movement, because Mr Zambrano's children were Union citizens and would be deprived of 'the genuine enjoyment of the substance of [their] rights'111 if forced to move outside the territory of the Union.112 Unfortunately, in following cases the Court adopted a more restrictive approach to situations which potentially deprive individuals of the substance of their Union citizenship rights,113 by qualifying the ruling in Ruiz Zambrano as an exceptional case.114 In the recent case of Tjebbes,115despite the effort to follow the principles established in previous case law on EU citizenship, the Court ruled that a measure revoking Dutch and EU citizenship of Dutch nationals, who possess another nationality and who resided outside the Union for more than ten consecutive years, without renewing their passport within that period, is compatible with EU law as long as the proportionality test is performed by the national authorities and courts.116 The vagueness and the passing manner by which the principles of EU citizenship have been applied by the Court, resulted in a missed opportunity to clarify and strengthen the already established principles on EU citizenship.117 Notwithstanding that, the formula of 'substance of rights' established in Ruiz Zambrano, though uncertain, remains promising118 and is regarded as a stepping stone on the way to shaping the material scope of Union law by defending the future ability of individuals to enjoy their EU rights. 119 The judgments in Micheletti, Rottmann and Ruiz Zambrano pave the way towards a better understanding of the relationship between national and Union citizenship.120 With the expansion of the scope of EU citizenship ratione materiae, the requirement of cross-border movement is proven illogical121 in a 'Union without borders' and contrary to the spirit of European integration.122 In the current context, three conclusions can be drawn which will provide guidance in the assessment of the Cyprus Programme. Firstly, Member State nationality must be recognised and respected by all Member States (including the Member State issuing the nationality),123 regardless the mode of naturalisation.…”
Section: Citizenship Of the Eu Iv1 Investment Migration Schemes In Tmentioning
confidence: 99%
“…108 Another critical case which builds on the Rottmann line of reasoning is Ruiz Zambrano.109 This case dealt with the decision of the Belgian authorities to deprive the residency and working rights of Mr Ruiz Zambrano, a Colombian national and parent of two children born in Belgium.110 The ecj insisted on the applicability of the case under EU law, despite the absence of crossborder movement, because Mr Zambrano's children were Union citizens and would be deprived of 'the genuine enjoyment of the substance of [their] rights'111 if forced to move outside the territory of the Union.112 Unfortunately, in following cases the Court adopted a more restrictive approach to situations which potentially deprive individuals of the substance of their Union citizenship rights,113 by qualifying the ruling in Ruiz Zambrano as an exceptional case.114 In the recent case of Tjebbes,115despite the effort to follow the principles established in previous case law on EU citizenship, the Court ruled that a measure revoking Dutch and EU citizenship of Dutch nationals, who possess another nationality and who resided outside the Union for more than ten consecutive years, without renewing their passport within that period, is compatible with EU law as long as the proportionality test is performed by the national authorities and courts.116 The vagueness and the passing manner by which the principles of EU citizenship have been applied by the Court, resulted in a missed opportunity to clarify and strengthen the already established principles on EU citizenship.117 Notwithstanding that, the formula of 'substance of rights' established in Ruiz Zambrano, though uncertain, remains promising118 and is regarded as a stepping stone on the way to shaping the material scope of Union law by defending the future ability of individuals to enjoy their EU rights. 119 The judgments in Micheletti, Rottmann and Ruiz Zambrano pave the way towards a better understanding of the relationship between national and Union citizenship.120 With the expansion of the scope of EU citizenship ratione materiae, the requirement of cross-border movement is proven illogical121 in a 'Union without borders' and contrary to the spirit of European integration.122 In the current context, three conclusions can be drawn which will provide guidance in the assessment of the Cyprus Programme. Firstly, Member State nationality must be recognised and respected by all Member States (including the Member State issuing the nationality),123 regardless the mode of naturalisation.…”
Section: Citizenship Of the Eu Iv1 Investment Migration Schemes In Tmentioning
confidence: 99%
“…triggers the application of EU law even in cases where there is no cross-border element, 35 and has developed into being able to protect citizens from their own Member States. 36 A further step in the same direction would be to state that union citizenship triggers the application of the Charter. 37 However, this approach is a large departure from the traditional one which views the scope of the Charter as defined ratione materiae.…”
Section: Doctrinal Triggers: Articles 2 and 7 Teu Vs Union Citizenshipmentioning
confidence: 99%
“…Državljanstvo Unije pretpostavlja nacionalnost države članice, ali je isto tako pravni i politički koncept neovisan od nacionalnosti.« 9 Derivativni pristup ovom statusu ne znači u isto vrijeme i derivativnu prirodu prava europskih državljana. Ili riječima Kochenova: »Posebna pravila pristupa statusu nemaju nikakve veze sa postojanjem statusa kao takvog, a kamoli u vezi sa pravima kojim se tim putem proizvode« (Kochenov, 2013).…”
Section: Europsko Državljanstvo Između Autonomije I Ovisnostiunclassified