The Origins and the Potential Federalising Effects of the Substance of Rights Test
Forthcoming in Dimitry Kochenov, EU Citizenship and Federalism: The Role of Rights (CUP 2016)
17 Pages Posted: 16 Apr 2016 Last revised: 20 Jun 2016
Date Written: December 10, 2015
This paper examines the potential ability of the substance of rights test introduced by the European Court of Justice in Ruiz Zambrano to change the federal balance of competences within the EU, but also questions whether it would be desirable to use this test in such a far-reaching manner.
Keywords: EU citizenship, federalism, substance of rights, fundamental rights
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