Hungarian Yearbook of International Law and European Law

Article

Challenges Arising From the Multi-Level Character of EU Citizenship

The Legal Analysis of the Delvigne and Tjebbes Cases

Keywords Union citizenship, supranational status, voting rights in the European Parliament elections, dual citizenship, loss of citizenship
Authors Laura Gyeney
Author's information

382555 Laura Gyeney
Laura Gyeney: associate professor of law, Pázmány Péter Catholic University, Budapest.
  • Abstract

      Studies on the relationship between EU citizenship and Member State legal orders speak either of the loss of control over national sovereignty or, on the contrary, the judicial deconstruction of Union citizenship. These firm positions on how EU citizenship should be perceived fit well with the two markedly different mindsets represented in legal literature: while representatives of the federalist view envision a politically integrated, supranational community behind the treaty provisions on EU citizenship, sovereignists oppose the extension of EU powers via judicial interpretation tooth and nail. This study aims to find an answer to the question whether the CJEU, in its latest judgments on EU citizenship issues, has succeeded in consolidating the constitutional basis of EU citizenship in a way that is reassuring for Member States, i.e. by respecting the principle of conferral. In this respect, it may be established that in both cases analyzed below, such as the Delvigne and Tjebbes cases, the CJEU made well-balanced decisions keeping EU as well as Member State interests in mind, which, although has brought no substantial progress in the process of recognizing EU citizenship as an autonomous status, makes efforts to consolidate the fundamental characteristic thereof.

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