EU Law- Topic 8- Citizenship, Study notes of European Union law

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3/8/25, 12:59 PM about:blank EU Law- Topic 8- Citizenship ‘EUJaw European union citizenship lecture ij Political nature of eu citizenship and Brexit was a perf example where citizen ship becomes a reference point in the discussion about eu ms soveregnity Associate eu citizenship- eu ¢ is attached to ms nationality, ms ¢ so cannot gain or lose eu ¢ independent of ms c. Indep. What if eu creates independent c- eu wouldn’t lose if ms withdraw from eu - Arguments for and against idea. Against the treaty provisions of additionality- eu c doesn’t exist independent of c. requires change and amendment in eu treaties - Can make withdrawal more attractive for other ms- turn the benefits from eu ‘membership from a la carte menu. - The q remains whether eu needs to give certainty to citizens due to what happened in uk withdrawal- not certainty experienced by uk citizens. Also the uk nationals who lost all the benefits that came from eu citizenship - Europeans citizens initiative- proposal for a legislation by the eu citizens and this proposal wasn’t about associate eu ¢ but permanent eu c. impossible to be lost? Or if the withdrawal ms wouldn’t affect eu citizens. - We know that itis predominantly the ms decision which influences the eu c/loss of eu c. prerogative and discretion of ms to decide who can be their nationals- eu citizens. - Decided in the tf’ case that ms have the discretion to decide if certain individuals lose their national citizenship due to eu c if they don’t have a constant rs with the territory with the ms in question. Here, there was dutch couple with dual nationality- also had c of Canada, They lived in Canada for over 10 years without connection with ‘Netherlands. As they didn’t have connection with territory of the ms, Netherlands decided to withdraw c- means they would lose their eu c with the national c. the q was whether this would be allowed- yes as it is for the ms to decide at their discretion who can be their c or not. General principle of c- ms to require an individual to have a certain connection with their territory to be able to continue being citizens of that ms. - As arresullt, the case law has developed but doesn’t support idea of permanent eu ¢. primary for the ms to decide who can be eu citizen or not. Eu c is also lost if the ms decides to withdraw their c. - The framework doesn’t support the idea of creation of permanent eu ¢ which can exist independent of eu c. European commission - Article 25 of the treaty, the commission is responsible for supervising and monitoring the application of treaty provisions in citizenship and when they published periodic reports about citizen rights, the latest of which was published in 2020. Legal framework for the development for institutional ¢ and rights of entitlement is based on prohibition of discim on t he basis of nationality. Similar to free movement of workers and goods- where ms cannot discrim against goods and workers from another country. Same here, which is codified in art 18 tfeu — says that any discrimination on grounds of nationality against eu citizens should be prohibited. Before citizens right directive came- not enough legal provisions for the court of j to draw inspiration from when they dealt with ¢ issues. This 1/10