Seeing the Wood Despite the Trees? On the Scope of Union Citizenship and its Constitutional Effects

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Series Details Vol.45, No.1, February 2008, p13–45
Publication Date February 2008
ISSN 0165-0750
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Publishers Abstract:
The body of case law on Union citizenship has grown considerably in the past ten years, giving a varied and complex picture of citizens' rights. Overall, Union citizens knocking at the Court's door have found a friendly welcome and, in most cases, they have also been granted what they asked for. This article attempts to take a step back and offer a more distanced vision of the case law, so as to provide a more systematic analysis of Union citizenship. Any Union citizen falls now within the personal scope of the Treaty, regardless of an economic or cross border link. The very idea of citizenship sits uncomfortably with an a priori differentiation between citizens based on the sole ground that a border has been crossed. This is all the more the case given that the Court, in its case law, has adopted a constitutional interpretation, rather than a mere integrationist one.

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