Title
Union citizenship and Immigration : rethinking the classics?
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Subject
Law
Source (journal)
European Journal of Legal Studies
Volume/pages
5(2012) :1 , p. 10-37
ISSN
1973-2937
Carrier
E
Target language
English (eng)
Abstract
The free movement of Union citizens hinges on three classic requirements, namely the possession of Member State nationality, the inter-State element and the condition of self-sufficiency. Recent case law of the ECJ seems to shake the traditional conceptions of these requirements and, as a consequence, to widen the scope of application of the free movement rules. This in turn will have significant consequences for the immigration laws of the Member States. On the one hand, Union law will increasingly influence the Member States rules on acquisition and loss of nationality. On the other hand, the Member States will have to accord residence rights to certain categories of Union citizens and their family members who would previously not have been entitled to invoke Union law. The resulting financial burdens for the Member States are potentially very significant, although it is not yet possible to ascertain the precise reach of the principles articulated by the ECJ.
E-info
https://repository.uantwerpen.be/docman/iruaauth/1c55b1/ed41a42c617.pdf