Quo vadis? La libera circolazione come chiave di volta del godimento reale ed effettivo dei diritti del CIttadino dell'Unione

    Research output: Contribution to journalArticleScientificpeer-review

    Abstract

    This paper provides a critical account of a recent line of Court of Justice’s cases concerning European citizenship rights. It focuses on an innovative jurisdictional test introduced by the Court in the Zambrano case (Case C-34/09). This innovative test enables to bring cases within the scope of EU law,even when a cross-border element is missing. In fact, the new formula states that securing the genuine enjoyment of the substance of rights attaching to the European citizen status is a sufficient condition to consider a case as falling within the scope of EU law. However, the formula is elliptic since the Court does not explain which are the rights that shall be considered part of the substance of EU citizenship, neither the formula describes under which conditions their enjoyment is genuine. The scope of this paper is clarifying the role played by fundamental rights and by free movement rights in setting the limits of applicability of the new jurisdictional test.
    Original languageItalian
    Pages (from-to)1-13
    JournalI quaderni europei
    Issue number62
    Publication statusPublished - 2014

    Keywords

    • European citizenship
    • Free movement rights
    • Fundamental rights
    • Dereci Case
    • Ruiz Zambrano case
    • Genuine enjoyment of European citizenship rights

    Cite this

    @article{449cd1dea2b14867a1894d9f3e0b728b,
    title = "Quo vadis?: La libera circolazione come chiave di volta del godimento reale ed effettivo dei diritti del CIttadino dell'Unione",
    abstract = "This paper provides a critical account of a recent line of Court of Justice’s cases concerning European citizenship rights. It focuses on an innovative jurisdictional test introduced by the Court in the Zambrano case (Case C-34/09). This innovative test enables to bring cases within the scope of EU law,even when a cross-border element is missing. In fact, the new formula states that securing the genuine enjoyment of the substance of rights attaching to the European citizen status is a sufficient condition to consider a case as falling within the scope of EU law. However, the formula is elliptic since the Court does not explain which are the rights that shall be considered part of the substance of EU citizenship, neither the formula describes under which conditions their enjoyment is genuine. The scope of this paper is clarifying the role played by fundamental rights and by free movement rights in setting the limits of applicability of the new jurisdictional test.",
    keywords = "European citizenship , Free movement rights, Fundamental rights, Dereci Case, Ruiz Zambrano case, Genuine enjoyment of European citizenship rights",
    author = "C. Raucea",
    year = "2014",
    language = "Italian",
    pages = "1--13",
    journal = "I quaderni europei",
    issn = "1973-7696",
    number = "62",

    }

    Quo vadis? La libera circolazione come chiave di volta del godimento reale ed effettivo dei diritti del CIttadino dell'Unione. / Raucea, C.

    In: I quaderni europei, No. 62, 2014, p. 1-13.

    Research output: Contribution to journalArticleScientificpeer-review

    TY - JOUR

    T1 - Quo vadis?

    T2 - La libera circolazione come chiave di volta del godimento reale ed effettivo dei diritti del CIttadino dell'Unione

    AU - Raucea, C.

    PY - 2014

    Y1 - 2014

    N2 - This paper provides a critical account of a recent line of Court of Justice’s cases concerning European citizenship rights. It focuses on an innovative jurisdictional test introduced by the Court in the Zambrano case (Case C-34/09). This innovative test enables to bring cases within the scope of EU law,even when a cross-border element is missing. In fact, the new formula states that securing the genuine enjoyment of the substance of rights attaching to the European citizen status is a sufficient condition to consider a case as falling within the scope of EU law. However, the formula is elliptic since the Court does not explain which are the rights that shall be considered part of the substance of EU citizenship, neither the formula describes under which conditions their enjoyment is genuine. The scope of this paper is clarifying the role played by fundamental rights and by free movement rights in setting the limits of applicability of the new jurisdictional test.

    AB - This paper provides a critical account of a recent line of Court of Justice’s cases concerning European citizenship rights. It focuses on an innovative jurisdictional test introduced by the Court in the Zambrano case (Case C-34/09). This innovative test enables to bring cases within the scope of EU law,even when a cross-border element is missing. In fact, the new formula states that securing the genuine enjoyment of the substance of rights attaching to the European citizen status is a sufficient condition to consider a case as falling within the scope of EU law. However, the formula is elliptic since the Court does not explain which are the rights that shall be considered part of the substance of EU citizenship, neither the formula describes under which conditions their enjoyment is genuine. The scope of this paper is clarifying the role played by fundamental rights and by free movement rights in setting the limits of applicability of the new jurisdictional test.

    KW - European citizenship

    KW - Free movement rights

    KW - Fundamental rights

    KW - Dereci Case

    KW - Ruiz Zambrano case

    KW - Genuine enjoyment of European citizenship rights

    M3 - Article

    SP - 1

    EP - 13

    JO - I quaderni europei

    JF - I quaderni europei

    SN - 1973-7696

    IS - 62

    ER -