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Citizenship rights and the federal balance between the European Union and its member states: comment on dereci

Stanislas Adam (UGent) and Peter Van Elsuwege (UGent)
(2012) EUROPEAN LAW REVIEW. 37(2). p.176-190
Author
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Abstract
With its judgment in the Dereci case, the European Court of Justice has clarified the implications of its judgments in Ruiz Zambrano and McCarthy for the application of EU citizenship rights in purely internal situations. By introducing strict criteria which harness the new jurisdiction test that national measures may not affect the genuine enjoyment of EU citizenship rights, the Court further narrows down the potential of its innovative reasoning in Ruiz Zambrano and preserves the Member States 'regulatory autonomy and core responsibilities for the protection of fundamental rights outside the scope of EU law This contribution analyses the Dereci judgment in light of the complex balance of powers between the European Union and its Member States following the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights. In practical terms, the judgment brings the issue of reverse discrimination to the fore once again, including the possibility and opportunity for the EU legislator to foster equal treatment of all EU citizens in the field of family reunification.
Keywords
Family reunification, Free movement of persons, Fundamental rights, Residence permits, Reverse discrimination, Rights of entry and residence, Third country nationals, EU law, EU nationals, Citizenship

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Citation

Please use this url to cite or link to this publication:

Chicago
Adam, Stanislas, and Peter Van Elsuwege. 2012. “Citizenship Rights and the Federal Balance Between the European Union and Its Member States: Comment on Dereci.” European Law Review 37 (2): 176–190.
APA
Adam, Stanislas, & Van Elsuwege, P. (2012). Citizenship rights and the federal balance between the European Union and its member states: comment on dereci. EUROPEAN LAW REVIEW, 37(2), 176–190.
Vancouver
1.
Adam S, Van Elsuwege P. Citizenship rights and the federal balance between the European Union and its member states: comment on dereci. EUROPEAN LAW REVIEW. 2012;37(2):176–90.
MLA
Adam, Stanislas, and Peter Van Elsuwege. “Citizenship Rights and the Federal Balance Between the European Union and Its Member States: Comment on Dereci.” EUROPEAN LAW REVIEW 37.2 (2012): 176–190. Print.
@article{2105400,
  abstract     = {With its judgment in the Dereci case, the European Court of Justice has clarified the implications of its judgments in Ruiz Zambrano and McCarthy for the application of EU citizenship rights in purely internal situations. By introducing strict criteria which harness the new jurisdiction test that national measures may not affect the genuine enjoyment of EU citizenship rights, the Court further narrows down the potential of its innovative reasoning in Ruiz Zambrano and preserves the Member States 'regulatory autonomy and core responsibilities for the protection of fundamental rights outside the scope of EU law This contribution analyses the Dereci judgment in light of the complex balance of powers between the European Union and its Member States following the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights. In practical terms, the judgment brings the issue of reverse discrimination to the fore once again, including the possibility and opportunity for the EU legislator to foster equal treatment of all EU citizens in the field of family reunification.},
  author       = {Adam, Stanislas and Van Elsuwege, Peter},
  issn         = {0307-5400},
  journal      = {EUROPEAN LAW REVIEW},
  keyword      = {Family reunification,Free movement of persons,Fundamental rights,Residence permits,Reverse discrimination,Rights of entry and residence,Third country nationals,EU law,EU nationals,Citizenship},
  language     = {eng},
  number       = {2},
  pages        = {176--190},
  title        = {Citizenship rights and the federal balance between the European Union and its member states: comment on dereci},
  volume       = {37},
  year         = {2012},
}

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