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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
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.
Please use this url to cite or link to this publication:
author
organization
year
type
journalArticle (original)
publication status
published
subject
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
journal title
EUROPEAN LAW REVIEW
Eur. law rev.
volume
37
issue
2
pages
176 - 190
Web of Science type
Article
Web of Science id
000303219500005
JCR category
LAW
JCR impact factor
0.368 (2012)
JCR rank
100/134 (2012)
JCR quartile
3 (2012)
ISSN
0307-5400
language
English
UGent publication?
yes
classification
A1
copyright statement
I have transferred the copyright for this publication to the publisher
id
2105400
handle
http://hdl.handle.net/1854/LU-2105400
date created
2012-05-11 21:53:48
date last changed
2016-12-19 15:42:57
@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},
}

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.