European citizenship : a new bond between the EU and the citizens of the member states

Fehrenkamp, N. (2013) European citizenship : a new bond between the EU and the citizens of the member states.

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Abstract:According to recent case law by the European Court of Justice, EU citizenship has been framed as destined to be the fundamental status of Member State nationals. It herewith departed from the former connection between citizenship and movement across Member States which has been a requirement in order to invoke EU citizenship rights. The purpose of this study is to assess the meaning of this case law within the institution of European citizenship in order to find out whether it implies a radical change on the nature of citizenship through the establishment of a direct bond between the Union and the Member State citizens or through the introduction of a new concept of integration respectively. I will therefore look at the development from its introduction by the Treaty of Maastricht in 1993 until 2011. Particular attention will be paid to early cases which were the first that put aside the requirement of having exercised free movement rights, the pivotal rulings in Grzelczyk and Zambrano as well as the case law in between them, and following cases that are useful to examine the normative dimension of citizenship as fundamental status. The conclusion of this work will indicate that Union citizenship is indeed becoming more and more emancipated from a purely economic paradigm, moving towards being the fundamental status of Member State nationals. Notwithstanding, it will be demonstrated that in a number of cases, the rulings by the Court result from particular situations that facilitated the extension of the Treaty provisions. This implies that in other situations, especially when financial implications are at stake, the European Court of Justice seems to avoid taking further approaches to develop the concept of EU citizenship.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/63294
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