The Tjebbes Fail

Vol. 4, Issue 1, European Papers 2019, pp. 319-336.

18 Pages Posted: 14 May 2019 Last revised: 16 Oct 2019

See all articles by Dimitry Kochenov

Dimitry Kochenov

CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna

Date Written: April 17, 2019


This note briefly analyses ten most significant untenable assumptions underlying the European Court of Justice’s ruling in Tjebbes, where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-renewal of a Member State passport, thus introducing direct discrimination between different groups of EU citizens and legitimizing the treatment of law-abiding EU citizens worse than known terrorists and ISIS wives. EU citizenship has thus lost its proverbial ‘fundamental status’, downgraded to outright irrelevance for no tenable reason.

Keywords: Tjebbes, Dual nationality, Expatriation, Proportionality, EU federalism

Suggested Citation

Kochenov, Dimitry and Kochenov, Dimitry, The Tjebbes Fail (April 17, 2019). Vol. 4, Issue 1, European Papers 2019, pp. 319-336., Available at SSRN:

Dimitry Kochenov (Contact Author)

CEU Democracy Institute, Budapest ( email )

Nador utca 9
Budapest, H-1051

CEU Department of Legal Studies, Vienna ( email )

Quellenstraße 51
Vienna, 1100

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