Granting Citizenship-related Rights to Third-Country Nationals: An Alternative to the Full Extension of European Union Citizenship?

in European Journal of Migration and Law
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Abstract

This article discusses the extension of citizenship-related rights to third-country nationals (TCNs) and their analogous interpretation with the rights enjoyed by European Union citizens. Starting with a discussion of the limited possibilities of fully extending Union citizenship to TCNs, it proceeds to discuss the Court’s case law regarding the application of EU general principles of law to TCNs and the interpretation of Union law concepts. It is argued that granting TCNs citizenship-related rights, such as the right to move freely within the EU and the right to non-discrimination on grounds of nationality, and their analogous interpretation with the rights enjoyed by Union citizens constitute a viable alternative to the full extension of Union citizenship.

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References

4)

Hailbronner, K., ‘Free Movement of EU Nationals and Union Citizenship’, in International Migration Law. Developing Paradigms and Key Challenges, R. Cholewinski, R. Perruchoud and E. MacDonald (eds), (The Hague: T.M.C. Asser Press 2007), at pp. 317–320.

6)

Conlan, P., ‘Citizenship of the Union: the Fundamental Status of Those Enjoying Free Movement?’ (2008), 7 ERA-Forum 3, at pp. 345–355.

55)

Kochenov, supra n 42, p. 1837.

71)

Maas, supra n 9, pp. 583–596.

129)

See Wiesbrock, supra n. 117, pp. 462–480.

135)

Regulation (EC) No. 1408/71 of 14 June 1971, as amended by Regulation (EC) No. 1992/2006 of 18 December 2006, OJ L 392, 30.12.2006.

140)

Marias, E.A., ‘From Market Citizen to Union Citizen’, in European Citizenship, E.A. Marias (ed.), (Maastricht: European Institute of Public Administration 1994).

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