II. Eu Citizenship

In: The international & comparative law quarterly: ICLQ, Band 55, Heft 4, S. 977-982

Abstract

The Court has continued with its expansive interpretation of the Citizenship provisions in Article 18 EC which it had previously acknowledged as being a fundamental right granted to all EU citizens by the Treaty.1 The case-law of the Court has, in particular, stressed the relationship between the free movement rights under Article 18 EC and preventing discrimination against EU nationals on grounds of nationality and without which the Citizenship provisions would lack force. Two recent judgments of Bidar2 and Ioannidis3 demonstrate the extent to which the Court will prevent covert discrimination on grounds of nationality. In a third judgment, that of Schempp,4 the Court, seemingly sensitive to criticism of interfering in domestic tax policy, adopts a more measured interpretation of discrimination when considering whether the rights granted under Article 18 EC are interfered with.