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Earned Citizenship: Understanding Union Citizenship Through its Scope

Authors: Eleanor Spaventa;

Earned Citizenship: Understanding Union Citizenship Through its Scope

Abstract

In this contribution I will argue that we are witnessing a reactionary phase in the Court’s interpretation of the citizenship provisions which not only reaffirms the migration paradigm, but also contracts the scope of application of Article 20(1) TFEU, as well as imposing additional criteria for the enjoyment of citizenship rights to those provided for in Directive 2004/38. In turn, this development in the case law has important repercussions on the way we think about Union citizenship – in particular, the dichotomy status/beneficiary, together with the additional requirements imposed by the Court and the reallocation of responsibility of vulnerable citizens across national boundaries, not only reduce the relevance of Union citizenship, but transform it from a fundamental status to a mere additional one, so that the significance of Union citizenship is much reduced. Whilst this turn in the case law can be defended from a hermeneutic perspective, it has important consequences. First, it restates the primacy of the market citizen; secondly, and more importantly, Union citizenship far from being a uniting concept becomes a vehicle for further discrimination. In this writer’s perspective it becomes near impossible to defend the concept of Union citizenship so interpreted: no citizenship at all is preferable to such an unequal citizenship.

Countries
United Kingdom, Italy
Related Organizations
Keywords

EU CITIZENSHIP, DANO, EU LAW, RESIDENCE RIGHTS, PROPORTIONALITY

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    80
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
80
Top 10%
Top 10%
Top 10%
Green
bronze