70 Pages Posted: 10 Mar 2009
Date Written: March 3, 2009
The citizenship of the European Union is a rare example of a "fundamental status" which is entirely dependent on the specific features of the bearer, instead of vice versa, making any appeal to equality between European citizens impossible. Based on an overview of the legal essence and functioning of European citizenship both as a legal status and a bundle of rights, this paper provides a critical analysis of the current development of the European citizenship concept vis-a-vis both citizens and third-country nationals in the EU and addresses key issues which will have to be resolved to create a truly meaningful citizenship in Europe. The deficiencies of European citizenship are too important to resolve them rhetorically by appeals to the interplay between different legal orders in Europe. Sooner or later the outstanding problems will have to be addressed in a constructive way. The EU does not need a citizenship of unequals by law.
Keywords: European Union, Citizenship, EU citizenship, equality, reverse discrimination, third country nationals
JEL Classification: K19, K33
Suggested Citation: Suggested Citation
Kochenov, Dimitry, Ius Tractum of Many Faces: European Citizenship and the Difficult Relationship between Status and Rights (March 3, 2009). Columbia Journal of European Law, Vol. 15, No. 2, 2009. Available at SSRN: https://ssrn.com/abstract=1352734
By Jo Shaw