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EU Citizenship without Duties

30 Pages Posted: 10 Sep 2013 Last revised: 21 Dec 2015

Dimitry Kochenov

University of Groningen - Faculty of Law

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Date Written: September 10, 2013

Abstract

Many believe that duties should be at the essence of citizenship. This paper dismisses this view, using EU law as the main context of analysis, by making five interrelated claims. 1. There are no empirically-observable duties of EU citizenship; 2. Such duties would lack any legal-theoretical foundation, if the contrary were true; 3. Legal-theoretical foundations of the duties of citizenship are lacking also at the Member State level; 4. EU law plays an important role in undermining the ability of the Member States where residual duties remain, to enforce them; 5. This development is part of a greater EU input into the strengthening of democracy, the rule of law and human rights in the Member States and reflects a general trend of de-dutification of citizenship around the democratic world. If these conclusions are correct, it is time to stop categorizing EU citizenship duties among the desiderata of EU law.

Keywords: CItizenship duties, EU citizenship, duties, obligations, rights, freedoms, eu law, liberty

Suggested Citation

Kochenov, Dimitry, EU Citizenship without Duties (September 10, 2013). 20 ELJ 2014, pp. 482-498; University of Groningen Faculty of Law Research Paper 15/2013. Available at SSRN: https://ssrn.com/abstract=2323273

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

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

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