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Academic

: Legal Theory Blog

Kochenov on European Citizenship

By Lawrence Solum

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Dimitry Kochenov (University of Groningen - Faculty of Law) has posted Ius Tractum of Many Faces: European Citizenship and the Difficult Relationship between Status and Rights (Columbia Journal of European Law, Vol. 15, No. 2, 2009) on SSRN. Here is the abstract:

The citizenship of the European Union is a rare example of a "fundamental status" which is entirely dependent on the specific features of the bearer, instead of vice versa, making any appeal to equality between European citizens impossible. Based on an overview of the legal essence and functioning of European citizenship both as a legal status and a bundle of rights, this paper provides a critical analysis of the current development of the European citizenship concept vis-a-vis both citizens and third-country nationals in the EU and addresses key issues which will have to be resolved to create a truly meaningful citizenship in Europe. The deficiencies of European citizenship are too important to resolve them rhetorically by appeals to the interplay between different legal orders in Europe. Sooner or later the outstanding problems will have to be addressed in a constructive way. The EU does not need a citizenship of unequals by law.

Full post as published by Legal Theory Blog on March 11, 2009 (boomark / email).