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EU Citizenship: From an Incipient Form to an Incipient Substance? The Discovery of the Treaty Text

37 Eur. L. Rev. 369 (2012)

28 Pages Posted: 28 Aug 2012  

Dimitry Kochenov

University of Groningen - Faculty of Law

Sir Richard Plender

University of Groningen, Faculty of Law

Date Written: 2012

Abstract

Based on the legal-historical analysis of the key features of EU citizenship as interpreted by the Court before and after the entry into force of the Treaty of Maastricht, it is claimed that the continuity of pre-Maastricht citizenship law was only broken two years ago, when Rottmann was decided and a new rights-based paradigm of EU citizenship law emerged, potentially rivalling the internal market-based vision of European law. This article outlines the countless problems related to the emerging substance of the new paradigm which can develop both ways from where we stand at the moment: either introducing clarity and coherence, or undermining the edifice of EU law.

Keywords: EU citizenship, Internal Market, Ruiz Zambrano, McCarthy, Wholly internal situation, reverse discrimination, EU federalism, law, fundamental rights, Rottmann, nationality, Dereci

Suggested Citation

Kochenov, Dimitry and Plender, Sir Richard, EU Citizenship: From an Incipient Form to an Incipient Substance? The Discovery of the Treaty Text (2012). 37 Eur. L. Rev. 369 (2012). Available at SSRN: https://ssrn.com/abstract=2137680

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

Sir Richard Plender

University of Groningen, Faculty of Law ( email )

9700 AS Groningen
Netherlands

HOME PAGE: http://www.rug.nl/gcl/visitorsprogramma/ProfPlender

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