Deporting the Citizens within the European Union: A Counter-Intuitive Trend in Case C-348/09, P.I. v. Overbürgemeisterin der Stadt Remscheid

22 Pages Posted: 19 May 2013 Last revised: 28 May 2016

Dimitry Kochenov

University of Groningen - Faculty of Law

Benedikt Pirker

UMich Center for International and Comparative Law; Graduate Institute of International and Development Studies (IHEID); University of Fribourg - Faculty of Law

Date Written: May 17, 2013

Abstract

The paper provides a detailed analysis of EU law on the deportations of EU citizens between the Member States taking the case of P.I. as a starting point. We approach deportations from a social science perspective, focusing on the notion of 'deportability' as an essential element of what citizenship is. Deportability and non-deportability is one of the last critical legally meaningful oppositions between citizens and non-citizen residents. Analysing the regulations on the potential deportatability of citizens provides a sketch of the core of what a particular citizenship status, including EU one, is about. What the latest developments in the case law unquestionably demonstrate is that the ECJ is working towards the elimination of the non-deportability guarantees in the Citizenship Free Movement Directive, de facto erasing the status of permanent resident EU citizens as a legally meaningful construct. This is in strong opposition to the strict prohibition of requiring EU citizens to leave the Union --- the core of Ruiz Zambrano and its progeny. The claim that 'internal' deportations within the EU are potentially less harmful than the deportations requiring citizens to leave the Union is baseless, as both can be equally disruptive in the context of concrete human lives. Deloying judicial means to remove protections against internal deportations is thus a totally counter-intuitive trend.

Suggested Citation

Kochenov, Dimitry and Pirker, Benedikt, Deporting the Citizens within the European Union: A Counter-Intuitive Trend in Case C-348/09, P.I. v. Overbürgemeisterin der Stadt Remscheid (May 17, 2013). Columbia Journal of European Law, Vol. 19, 2013, pp. 369-390. Available at SSRN: https://ssrn.com/abstract=2266490

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

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

Benedikt Harald Pirker

UMich Center for International and Comparative Law ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

Graduate Institute of International and Development Studies (IHEID)

PO Box 136
Geneva, CH-1211
Switzerland

University of Fribourg - Faculty of Law ( email )

Fribourg
Switzerland

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