Has the European Court of Justice Challenged Member State Sovereignty in Nationality Law?

Abstract

In March 2010, the Court of Justice of the European Union (CJEU or Court) handed down its judgment in the long awaited case of Rottmann. This paper explores some of the implications of this important judgment through a series of comments placed contemporaneously on the EUDO Citizenship website and a conclusion finally revised by Jo Shaw in November 2011. The judgment clarifies the relationship between EU citizenship and national citizenship, stating that a withdrawal of national citizenship which results in a person ceasing to be an EU citizen altogether 'by reason of its nature and consequences' falls within the scope of EU law and is thus subject to review by national courts and the Court of Justice in the light of the requirements of EU law. The conclusion as to whether national authorities have overstepped the mark will be made in the light of a proportionality test. While Rottmann itself represents an interesting jumping off point for further reflection on the EU/national citizenship nexus, its broader interest partly lies in the fact that it sits – with the benefit of some hindsight – at the beginning of a new period of judicial activism on the part of the Court of Justice in relation to the scope and character of EU citizenship. This broader context is surveyed by Shaw in the concluding thoughts. ; Research for the EUDO Citizenship Observatory working papers series has been jointly supported by the European Commission grant agreement JLS/2007/IP/CA/009 and by the British Academy Research Project CITMODES (both projects co-directed by the EUI and the University of Edinburgh). The financial support from these projects is gratefully acknowledged. ; Setting the scene: the Rottmann case introduced Jo Shaw 1 The entirely conventional supremacy of Union citizenship and rights Gareth T. Davies 5 Two Sovereign States vs. a Human Being: CJEU as a Guardian of Arbitrariness in Citizenship Matters Dimitry Kochenov 11 Some comments on Rottmann and the "personal circumstances" assessment in the Union citizenship case law Michael Dougan 17 The correlation between the status of Union citizenship, the rights attached to it and nationality in Rottmann Oxana Golynker 19 European Union citizenship and Member State nationality: updating or upgrading the link? Dora Kostakopoulou 21 The consequences of the Rottmann judgment on Member State autonomy - The Court's avantgardism in nationality matters Gerard René De Groot and Anja Seling 27 Concluding thoughts: Rottmann in context Jo Shaw 33