European citizenship and the right to reside: No one on the outside has a right to be inside

Chiara Raucea*

*Corresponding author for this work

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This paper deals with the question: Who ought not to be excluded from the enjoyment of European citizenship rights? Recently, the Court of Justice has ruled that, in exceptional situations, the 'genuine enjoyment of the substance of rights attaching to European citizenship' can be invoked in order to also extend legal protection to specific categories of third country nationals. I will argue that the 'genuine enjoyment' formula is not only setting an innovative jurisdictional test concerning European citizenship rights, but that it is also highlighting how the traditional account of citizenship (from status to rights) can be conceptually reversed. This happens in threshold cases, where the tenability of the schema of distribution of rights, agreed within a political community, depends on the possibility to readjust the boundaries of political membership.

Original languageEnglish
Pages (from-to)470-491
Number of pages22
JournalEuropean Law Journal
Volume22
Issue number4
DOIs
Publication statusPublished - Jul 2016

Keywords

  • UNION CITIZENSHIP
  • EU CITIZENSHIP

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