The Case-Law of the Court of Justice of the European Communities on European citizenship: A generous interpretation based on renvoi to national law and on the principle of non discrimination on the ground of nationality
Keywords:
European citizenship, free movement of persons, Court of Justice of the European Communities jurisprudence.Abstract
More than 15 years have passed since the EU Treaty first established the ‘European Citizenship’ as a complement to State citizenship. By doing so the citizens of the EU Member States have been placed, in their status as European citizens, in an intermediate legal position between the citizens of each Member State and the foreigners (citizens of third countries), by granting them specific rights. In practice, the progressive implementation of the rights of this new legal status, beginning with the free movement among and free residence on the territory of all Member States, has faced a number of obstacles by the difficulty of the domestic legislations to adapt to the new reality. This circumstance gave rise to several decisions by the Court of Justice of the European Communities. Most of these cases were prejudicial questions posed by the domestic courts which were judging on cases related to these issues, and some cases were also brought to the Court as a complaint of non-fulfilment. Based on these cases the Court of Justice of the European Communities has developed a significant jurisprudence on European citizenship, which mostly refers to the right to free movement and residence. The Court generally followed a wide and generous interpretation of the citizenship status, which contributed to its fostering and further development. The present study attempts a general analysis of this jurisprudence.Downloads
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2008-05-09
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