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Citizenship and civil and political rights

On the Futility of Expelling Poor Union Citizens in an Open Border Europe

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  • 1093 views
Dion Kramer

Abstract: What is the point of expelling illegally residing EU citizens when they would be able to immediately return in an open-border Europe? This Insight critically discusses the opinion by Advocate-General Rantos in the FS v Staatssecretaris van Justitie en Veiligheid case (C‑719/19), where an EU citizen had been expelled from...

European Papers, 18.05.2021 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Citizenship, Human dignity, equality and non-discrimination, Citizenship and civil and political rights

The NH Case: On the “Wings of Words” in EU Anti-discrimination Law

Insight
  • 1997 views
Uladzislau Belavusau

Abstract: This Insight examines a judgment of the Grand Chamber of the Court of Justice in case C-507/17, NH v. Associazione Avvocatura per I Diritti LGBTI – Rete Lenford (23 April 2020). In its preliminary ruling, the Court deliberated on whether a statement made by a senior lawyer at an Italian law firm during a media...

European Papers, 24.09.2020 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe, Citizenship and civil and political rights

The Tjebbes Fail

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  • 2446 views
Dimitry Kochenov

Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...

European Papers, 25.04.2019 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Citizenship, The European Integration Through Human Rights, Citizenship and civil and political rights

Bold, but Without Justification? Tjebbes

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  • 2976 views
Martijn van den Brink

Abstract: Tjebbes (Court of Justice, judgment of 12 March 2019, case C-221/17 [GC]) builds on and extends the scope of a line of existing cases that has started to redefine the relationship between EU citizenship and Member State nationality. This Insight inquires on which legal grounds the Court of Justice could justify its bold...

European Papers, 25.04.2019 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Citizenship, The European Integration Through Human Rights, Citizenship and civil and political rights

Une analyse critique de l’arrêt Coman: déconstruction de la consécration de l’obligation de reconnaissance du droit de séjour du conjoint homosexuel

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  • 6264 views
Edoardo Stoppioni

Abstract: The Coman case (judgment of 5 June 2018, case C-673/16, Coman and Others [GC]) gave the CJEU the occasion to clarify the existence under EU law of an obligation to recognize the indirect right of residence – according to Art. 21 TFEU – of the spouse of a same-sex marriage. The reasoning of the CJEU is based on the...

European Papers, 27.02.2019 | Posted in
The European Integration Through Human Rights, Citizenship and civil and political rights, Fundamental freedoms

The General Court’s Judgments in the Cases Access Info Europe v. Commission (T-851/16 and T-852/16): A Transparency Paradox?

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  • 2058 views
Caterina Molinari

Abstract: On 7 February 2018, the General Court issued two twin judgments (T-851/16 and T-852/16) concerning requests for access to documents based on regulation 1049/2001. The two judgments added another piece to the expanding puzzle of case-law concerning access to documents held by institutions of the European Union. They developed a detailed...

European Papers, 02.10.2018 | Posted in
The Constitutional Dimension of the European Union, Judicial review, The European Integration Through Human Rights, Citizenship and civil and political rights

Is Toufik Lounes Another Brick in the Wall? The CJEU and the On-going Shaping of the EU Citizenship

Insight
  • 2351 views
Elena Gualco

Abstract: This Insight tackles a recent judgment of the CJEU, Toufik Lounes (Court of Justice, judgment of 14 November 2017, case C-165/16, Toufik Lounes v. Secretary of State for the Home Department), where the CJEU was asked to rule on the case of a EU national, Ms García Omazábal, who...

European Papers, 21.06.2018 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Citizenship, The European Integration Through Human Rights, Citizenship and civil and political rights

European Citizens’ Initiatives, Greek Debt and Court of Justice: The Final Chapter

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  • 1191 views
Marco Inglese

Abstract: For the first time the Court of Justice – in its Grand Chamber composition – has ruled upon the registration phase of a European Citizens’ Initiative (ECI) and, consequently, on the framework of the Commission’s powers in this respect. The ECI entitled “One Million Signatures for a Europe of Solidarity” – aimed at introducing in the EU economic and monetary...

European Papers, 02.02.2018 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Protection of human rights in Europe, Citizenship and civil and political rights

Positioning Efler in the Current Narrative of European Citizens’ Initiatives

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  • 1522 views
Marco Inglese

Abstract: Efler (General Court, judgment of 10 May 2017, case T-754/14, Efler et al. v. Commission) is the last in a stream of cases dealing with the European Citizens’ Initiative (ECI). This Insight seeks to position Efler in the current narrative of ECIs taking into account the Commission’s powers – as well as...

European Papers, 01.08.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Protection of human rights in Europe, Citizenship and civil and political rights

The Dogan et al. v. Turkey Case: A Missed Opportunity to Recognise Positive Obligations as Regards the Freedom of Religion

Insight
  • 2209 views
Marcella Ferri

Abstract: In the Doğan et al. v. Turkey case (judgment of 26 April 2016, no. 62649/10), the Grand Chamber of the European Court of Human Rights decided on an application made by several Turkish citizens belonging to the Alevi faith. They complained not to be able to enjoy the same guarantees granted to citizens of the Sunni branch of Islam...

European Papers, 06.02.2017 | Posted in
The European Integration Through Human Rights, Human dignity, equality and non-discrimination, Citizenship and civil and political rights
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