Suchergebnisse

AbstractBrexit opened the way for the 'restoration' of British sovereignty and, if an EEA model (or an EEA‐like model) is not chosen following the activation of Article 50 TEU, EU citizens settled in the UK will be requested to apply for either UK nationality or permanent leave to remain. The same applies to UK nationals residing in other Member States who will lose their EU citizenship status. Unexpectedly, 3.9 million EU citizens have been transformed into 'guests' or 'foreigners' in communities they call 'their own'. Although naturalization in the state of residence might be seen to furnish a secure and fully recognized status for EU citizens, I argue that it is not an adequate policy option. The conceptual differences between national and EU citizenships are immense. In this article I explore the advantages and disadvantages of possible citizenship templates and propose an 'EU protected citizen' status for EU citizens.

That European Union citizenship remains an unfinished institution is beyond any doubt. Even its modest original content enshrined in the Treaty of European Union revealed this. Article 25 TFEU (formerly Article 22 TEC) has always carried the promise of the extension its material scope of Union citizenship by a unanimous decision of the Council in accordance with a special legislative procedure and after obtaining the consent of the European Parliament. Although this procedure has not been activated yet, EU citizenship has evolved. For more than a decade, the Court of Justice of the European Union (CJEU) has not hesitated to subject it to critical reflection and inquiry and to embark upon unknown and controversial terrains, thereby inviting both admiration and fierce criticism. European judges have taken quite seriously constitutionalisation of Union citizenship and sought to respond positively to citizens' needs and expectations. But as their decisions are guided by norms which often conflict with states' interest in unilateral migration control and the pursuit of power, governments have not hesitated to express their disapproval of what they perceive to be judicial policy-making. ; Udostępnienie publikacji Wydawnictwa Uniwersytetu Łódzkiego finansowane w ramach projektu "Doskonałość naukowa kluczem do doskonałości kształcenia". Projekt realizowany jest ze środków Europejskiego Funduszu Społecznego w ramach Programu Operacyjnego Wiedza Edukacja Rozwój; nr umowy: POWER.03.05.00-00-Z092/17-00.