Against Associate EU Citizenship

Brink, Martijn van den; Kochenov, Dimitry

doi:10.1111/jcms.12898

Cited by 8 publications

(3 citation statements)

References 26 publications

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“…148 The Union generally and/or the Court more specifically could, alternatively, have attributed at least some degree of autonomy by developing a citizenship-adjunct status for Brexit-specific protection. 149 And even if is accepted that Union citizenship is indeed conferred on Member State nationals only, 150 it has been argued that it could nevertheless have rationalised post-membership protection of rights for British nationals already residing in EU27 as 'former Union citizens', irrespective of what was agreed under the Union citizenship could, in other words, have played a greater part in animating legal dimensions of the 'legacy' of the UK's membership of the Union. 153 But it is just as important to ask: can that legal legacy be animated only through Union citizenship?…”

Section: Préfet Du Gers and The Status Of Union Citizenshipmentioning

confidence: 99%

Protecting the legal heritage of former Union citizens: EP v. Préfet du Gers

Shuibhne

2023

COLA

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Article 20(1) TFEU, reflecting Article 9 TEU, establishes that '[e]very person holding the nationality of a Member State shall be a citizen of the Union'. 1 Union citizenship is therefore a conferred status, in the sense that it cannot be acquired through a direct citizen-to-Union process: to hold the status of Union citizen, a person must either be or become a national of one of the Member States.Because of that constitutive link, the Court of Justice has established a role for EU law in reviewing Member State processes for acquiring and withdrawing nationality. While 'it is for each Member State…to lay down the conditions for the acquisition and loss of nationality', they must have 'due regard' to EU law when they do so. 2 In Rottmann, Tjebbes, and Wiener Landesregierung, national authorities took decisions in individual cases, under national law, that resulted in either the prospect of losing or the loss already of Member State nationality and therefore also of Union citizenship. The Court found that where a Member State national is 'faced with losing the status conferred by Article 20 TFEU and the rights attaching thereto', their situation 'falls, by reason of its nature and its consequences, within the ambit of EU law'. 3 It recalled 'the importance which primary law attaches to the status of citizen of the Union' to require that 'when examining a decision withdrawing naturalisation it is necessary…to take into account the consequences that the decision entails for the person concerned and, if relevant, for the members of his family with regard to the loss of the rights enjoyed by every citizen of the Union'. 4 It emphasised, in particular, taking proportionate decisions in these circumstances, 5 which also entails compliance with the Charter of Fundamental Rights. 6 Is there any obligation to conduct a similar assessment of individual situations amid the collective loss of Member State nationality produced by a State's withdrawal from the Union? After all, in Wightman, the Court acknowledged that 'any withdrawal of a Member State from the European Union is liable to have a considerable impact on the rights of all Union citizens, including, inter alia, 1 Article 20(1) TFEU -again, similarly to Article 9 TEU -also states (since the Amsterdam Treaty) that Union citizenship is an 'additional' status that does 'not replace national citizenship'.

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Section: Préfet Du Gers and The Status Of Union Citizenshipmentioning

confidence: 99%

Protecting the legal heritage of former Union citizens: EP v. Préfet du Gers

Shuibhne

2023

COLA

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“…This argument is closely related to the principles of the protection of legitimate expectations and legal certainty which are part and parcel of Union law according to the Court of Justice itself. 73 Although there are some legal and policy arguments against the application of these principles as precluding the loss of EU citizenship by the nationals of a withdrawing Member State, 74 the Court should have examined the matter in light of those arguments to make its decision more persuasive.…”

Section: B Loss Of Eu Citizenshipmentioning

confidence: 99%

Sacrificing EU citizenship on the altar of Brexit

Lashyn

2022

Maastricht Journal of European and Comparative Law

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This case note reports on the judgment of the Court of Justice in case C-673/20 EP. The decision clarified that British nationals lost their EU citizenship status following the UK's withdrawal from the Union. After giving an overview of the facts of the case and summarizing the opinion of AG Collins and the Court's reasoning, this contribution critically engages with the judgment and reflects on its place in the Court's jurisprudence on Union citizenship.

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“…Most recently, EU scholars have addressed ways of ensuring EU citizenship rights primarily for those directly affected by the UK's withdrawal – EU‐27 nationals in the UK and British citizens in the EU‐27 (see e.g. Kostakopoulou, 2018; van den Brink and Kochenov, 2019). Yet, as Ludivine Damay and Heidi Mercenier argue, conflating EU citizenship with free movement both ignores ‘EU citizens’ complex realities' and implies that the ‘“stayers” are not European citizens’ (Damay and Mercenier, 2016, p. 1153).…”

Section: Eu Studies Citizenship and Gendermentioning

confidence: 99%

Contesting Brexit Masculinities: Pro‐European Activists and Feminist EU Citizenship*

Galpin

2021

J of Common Market Studies

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Although Brexit campaigns mobilized discourses of hegemonic masculinity that marginalize women, women seemed to be at the forefront of pro-EU campaigns post-referendum. I explore to what extent pro-EU activists make claims to EU citizenship that contest the masculinities of Brexit. Combining Isin's approach to citizenship as 'performed subject positions' with intersectional feminist theory, I argue that masculinity became a site of EU citizenship contestation, which nevertheless reproduced racialized and class-based exclusions. Drawing on interviews with grassroots pro-EU activists, I argue that activists reject militaristic discourses of British identity by asserting multiple embodied identities, demand rights relating to the intimate sphere, and participate in informal, local and non-hierarchical ways. Yet, they reveal a white cultural European identity, a European exceptionalism in demands for rights, and a failure to break with the whiteness of traditional social movements. These findings demonstrate the need for feminist and intersectional analysis within EU public opinion research.

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Against Associate EU Citizenship

Cited by 8 publications

References 26 publications

Protecting the legal heritage of former Union citizens: EP v. Préfet du Gers

Protecting the legal heritage of former Union citizens: EP v. Préfet du Gers

Sacrificing EU citizenship on the altar of Brexit

Contesting Brexit Masculinities: Pro‐European Activists and Feminist EU Citizenship*

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