EU Citizenship: An Analysis of Its Evolution and Application to the Expulsion of Minorities

Abstract

European Union (EU) citizenship has undergone a major transformation over the past decade: citizenship rights have been de-coupled from fundamental internal market building principles such as free movement provisions.

This serves to indicate the appropriate justification and degree of severity under which a EU citizen today me be deported in compliance with Article 27 of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (CRD).

By exploring EU citizenship through relevant legislation and case law, core notions of its rationalization by the Court of Justice of the European Union (CJEU) will be addressed.

This contribution examines the transformation of EU citizenship, and applies it to the recent expulsion of the Roma minority in France. It concludes that this initiative of French government was unlawful and represented a breach of France’s obligations under EU law.

Keywords: EU law, EU citizenship, Roma, France, Expulsion, Directive 2004/38, Article 20 TFEU, Sarkozy, Hollande, minorities, freedom of movement, CJEU