Abstract: The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has...
Abstract: The judgment in Stadt Duisburg, concerning the loss of German (and, thus, EU) citizenship in the context of naturalization proceedings, adds a new chapter to the “judicial saga” of loss of a Member State’s citizenship and compatibility of its national measures with EU law. This Insight focuses on such a case-law of the...
Abstract: In case C-118/20 JY v Wiener Landesregierung ECLI:EU:C:2022:34, the Grand Chamber of the Court of Justice addressed another preliminary question regarding the relationship between nationality and EU citizenship. The case builds on the two previous cases Rottmann and Tjebbes. This time, the Court was confronted...
Abstract: In two Grand Chamber decisions of 22 June 2021 (case C-718/19 Ordre des barreaux francophones and germanophone and Others ECLI:EU:C:2021:505; and case C-719/19 Staatssecretaris van Justitie en Veiligheid ECLI:EU:C:2021:506), the European Court of Justice (ECJ) delivered new clarifications on ending the Union citizen’s...
Abstract: Case C-398/19 Generalstaatsanwaltschaft Berlin (Extradition vers l'Ukraine) introduces relevant developments to the case-law on extradition of Union citizens to third countries. The Court of Justice establishes that the rules defined in its previous case-law apply to a Union citizen who has acquired the nationality of a Member...
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...
Abstract: In a context of widespread border checks and border closures, the circulation of workers was not totally abolished: some workers, whose mobility was considered necessary, continued to benefit from free movement. The selection of the types of work mobility to be preserved, in the crisis, is the starting point of this contribution. After...
Abstract: One of the priorities of the EU’s external action during the COVID-19 outbreak was to ensure protection of its citizens stranded outside the European territory, especially those whose Member State of nationality had no embassy or consulate in a position to effectively provide consular assistance. Repatriation of these citizens was made...
Keywords: COVID-19 and the EU – European Solidarity – EU Values – EU Policies – EU Competences – New Research Paths.
On 13 March 2020, the World Health Organization (WHO) declared Europe the active centre of the COVID-19 pandemic. One month later, on 14 April 2020, several European Union Member States were...
Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...