The Tjebbes Fail
Vol. 4, Issue 1, European Papers 2019, pp. 319-336.
18 Pages Posted: 14 May 2019 Last revised: 16 Oct 2019
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
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