The Essence of EU Citizenship Emerging from the Last Ten Years of Academic Debate: Beyond the Cherry Blossoms and The Moon?
International and Comparative Law Quarterly, 62, pp 97-136, 2013
42 Pages Posted: 6 Jan 2014 Last revised: 10 Feb 2014
Date Written: January 5, 2014
This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points. It explores EU citizenship’s relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multi-level governance, and its impact on the lives of ordinary Europeans. A large number of key works which influenced the Court and the legislator in the recent years is assessed to outline the likely direction of future research, as well as EU citizenship’s future development. Although the literature on the subject is overwhelmingly rich and diverse, this article aspires to provide a representative sample of issues of interest for the framing of the concept at issue from a supranational perspective, necessarily leaving national literatures aside. The first draft of this article, later profoundly amended, appeared as a Jean Monnet Working Paper (NYU Law School) 2/12.
Keywords: EU law, citizenship, rights, federalism, principles of EU law, reverse discrimination, fundamental freedoms
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