European Integration and the Gift of Second Class Citizenship: The Absence of the Tools within the European Legal System to Combat Temporary Discrimination of European Citizens on the Basis of Nationality Institutionalized by the Acts of Accession

Murdoch University Electronic Journal of Law, Vol. 13, No. 1, pp. 209-224, 2006

16 Pages Posted: 29 Aug 2006  

Dimitry Kochenov

University of Groningen - Faculty of Law

Abstract

The introduction by the recent Acts of Accession (2003 regarding the accession of ten new countries to the EU in May 2004 and 2005 regarding the accession of Romania and Bulgaria to the EU) of the transitional periods suspending the application of the core of the free-movement right to workers coming from the new Member States of the European Union has direct implications on the concept of European citizenship, unduly diminishing citizenship rights of the nationals of the new Member States and introducing a division of European citizens into classes based on their nationality, thus contradicting the spirit of European integration. This note aims at assessing the legal means to challenge the legitimacy of such a treatment of European citizenship. The conclusions are alarming: playing in the legal field nothing can be done to remedy the maltreatment of the European citizenship concept in the course of the latest enlargements and to protect the European citizens coming from the new Member States from the institutionalised discrimination on the basis of nationality.

Keywords: EU law, European citizenship, free-movement, enlargement, accession, nationality discrimination, transitional periods

Suggested Citation

Kochenov, Dimitry, European Integration and the Gift of Second Class Citizenship: The Absence of the Tools within the European Legal System to Combat Temporary Discrimination of European Citizens on the Basis of Nationality Institutionalized by the Acts of Accession. Murdoch University Electronic Journal of Law, Vol. 13, No. 1, pp. 209-224, 2006. Available at SSRN: https://ssrn.com/abstract=926853

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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