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Revisiting Union Citizenship from a Fundamental Rights perspective in the time of Brexit

Volker Roeben, Petra Minnerop, Pedro Telles Orcid Logo, Jukka Snell

European Human Rights Law Review, Volume: 5, Pages: 450 - 473

Swansea University Author: Pedro Telles Orcid Logo

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Abstract

The aim of this article is to offer a fundamental rights’ reading of Union Citizenship at a time where individual life choices based on the assumed certainty of Union Citizenship and the right to free movement are put in jeopardy. The withdrawal of a Member State from the European Union serves as a...

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Published in: European Human Rights Law Review
ISSN: 1361-1526
Published: 2018
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa43821
Abstract: The aim of this article is to offer a fundamental rights’ reading of Union Citizenship at a time where individual life choices based on the assumed certainty of Union Citizenship and the right to free movement are put in jeopardy. The withdrawal of a Member State from the European Union serves as a prism through which to revisit the conception of Union Citizenship. The article starts by providing a close analysis of the evolving case-law of the Court of Justice of the European Union (the Court) on that citizenship. The article then highlights the potential of a normative, fundamental human rights approach to Union Citizenship that includes individuals in the EU legal order and protects them against exclusion through the removal of that right. That allows a coherent interpretation of the recent case law on citizenship, the Charter of Fundamental Rights of the EU and the general principles of Union law as derived from constitutional traditions of the Member States and international law. If Union Citizenship is understood as such a fundamental rights-based concept, then the intrinsic connection between being a Union citizen and a national of a Member States of the Union competes with the protection of Union citizenship as a fundamental right that is conferred on each individual. Union Citizenship is not just an objective status that States can confer and remove.
Keywords: Brexit; EU; EU Law; citizenship
College: Faculty of Humanities and Social Sciences
Start Page: 450
End Page: 473

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