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

University of Groningen - Faculty of Law

Date Written: April 17, 2019

Abstract

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, The Tjebbes Fail (April 17, 2019). Vol. 4, Issue 1, European Papers 2019, pp. 319-336.. Available at SSRN: https://ssrn.com/abstract=3373840

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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