Professor of EU Constitutional Law, University of Groningen, The Netherlands. Many thanks to Rainer Bauböck and Jo Shaw out of whose profound scepticism this lament arose.
The Right to Have What Rights? EU Citizenship in Need of Clarification
Article first published online: 22 MAY 2013
© 2013 John Wiley & Sons Ltd
European Law Journal
Volume 19, Issue 4, pages 502–516, July 2013
How to Cite
Kochenov, D. (2013), The Right to Have What Rights? EU Citizenship in Need of Clarification. European Law Journal, 19: 502–516. doi: 10.1111/eulj.12043
- Issue published online: 21 JUN 2013
- Article first published online: 22 MAY 2013
- Manuscript Accepted: AUG 2012
- Manuscript Received: MAR 2012
This paper provides a brief critical overview of the recent EU citizenship case-law of the Court of Justice including Rottmann, Ruiz Zambrano, McCarthy and Dereci. While these cases open a number of new avenues of fundamental importance for the development of EU law, they also undermine legal certainty and send contradictory signals as to the essence of the EU citizenship status and the role it ought to play in the system of EU law. Most importantly, the Court's reluctance to specify what is meant by the ‘essence of rights’ of EU citizenship potentially has disastrous consequences following its own determination that such rights play a crucial role in moving particular factual constellations within the material scope of EU law. The substance and meaning of such rights is however left in suspense to harmful effects. An urgent clarification is needed.