European Union Citizenship and the Unlawful Denial of Member State Nationality

Worster, William Thomas

doi:10.2139/ssrn.3459635

Cited by 2 publications

(1 citation statement)

References 72 publications

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“…Ono što se može zaključiti iz prikazane prakse jest da je stjecanje i oduzimanje građanstva Unije zapravo odraz Micheletti pravila, ali i međunarodnog prava 32 prema kojem države same odlučuju tko su njezini državljani, vodeći računa o pravu Unije, 33 kao i o međunarodnom pravu. 34 Samo pola godine nakon presude Micheletti na snagu je stupio Ugovor iz Maastrichta kojim je uvedeno građanstvo Europske unije.…”

Section: Stjecanje I Gubitak Građanstva Unije: Doseg Prava Europske U...unclassified

ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a

Novak

2022

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The citizenship of the Union, established by the Maastricht Treaty, became, by virtue of CJEU case law, a fundamental status of nationals of the Member States enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality. The paper aims to research how the CJEU expanded the EU law application by using the citizenship of the Union and where it set the limits to this expansion. To this end, following the introductory part of the paper, the issues of acquisition and loss of Union citizenship have been analysed. The third part of the paper researches into the CJEU case law regarding expansion of EU law application through the citizenship of the Union. This expansion was first conducted by eliminating both economic and cross-border links as conditio sine qua non of EU law application. The fourth part of the paper considers the possibility of emancipation of EU citizenship from the concept of Member State nationality regarding relevant TEU and TFEU provisions and CJEU case law. Finally, the paper concludes that CJEU has greatly encouraged the expansion of citizenship of the Union but has also limited this expansion by attaching it to national citizenship, which is in line with relevant TEU and TFEU provisions.

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Section: Stjecanje I Gubitak Građanstva Unije: Doseg Prava Europske U...unclassified

ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a

Novak

2022

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Respecting the Right to Nationality in International Sport

Worster

2024

Interdisciplinary Studies in Human Rights

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International sports pledge to eradicate discriminatory practices, yet paradoxically continue to support discrimination on the grounds of nationality. Athletes compete as part of a national team. This requires sporting associations and the International Olympic Committee (IOC) to make distinctions among athletes merely on the grounds of nationality. The Olympic Charter does this. Because of this need to make nationality distinctions, those associations must also develop nationality rules. These rules force choices of nationality and place restrictions on the ability to compete for the new national team. When athletes wish to change nationality, they risk falling into a nationality limbo, where they cannot compete, for lack of a sports nationality.In contrast to international sporting rules and the Olympic Charter, international human rights law takes a different approach to nationality as a human right. Every individual has a right to a nationality. This nationality is often the source of other rights, such as political participation, employment and education. In addition, this right includes the right to change nationality. However, the IOC limits recognizing nationality changes. The result is that athletes who do not satisfy nationality rules can be deemed de facto stateless for sport, even though the creation of statelessness is largely prohibited. For these reasons, IOC rules on change of nationality do not live up to the Committee’s own human rights aspirations and the Olympic Charter must be amended to respect the rights to nationality.

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European Union Citizenship and the Unlawful Denial of Member State Nationality

Cited by 2 publications

References 72 publications

ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a

ODNOS NACIONALNIH DRŽAVLJANSTAVA I GRAĐANSTVA EUROPSKE UNIJE U PRAKSI SUDA EU-a

Respecting the Right to Nationality in International Sport

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