he article focuses on the issue of the loss European citizenship in the light of the case law: comparing Rottman and Tjebbes judgments some critical remarks are outlined. The recent case builds on and extends the scope of a line of existing cases that has started to redefine the relation- ship between EU citizenship and Member State nationality. The deep analysis of the opinion of Advocate General and of the reasoning of the Grand Chamber is explanatory in offering the Court’s vision of what is the core of Union citizenship and the relationship between the rights of free move- ment and residence, and what they offer in their totality to the individual citizen. The article also examines the requirement introduced by the Court of Justice that the rules on the loss of nationality must have due regard to the principle of proportionality and allow for an individ- ual examination of the consequences of that loss. Some final remarks concern the post – Brexit land- scape and the possible effects of Tjebbes’s rule on the protection of the free movement of persons.
Sulla perdita della cittadinanza europea: da Rottmann a Tjebbes, e poi?
angela maria Romito
2020-01-01
Abstract
he article focuses on the issue of the loss European citizenship in the light of the case law: comparing Rottman and Tjebbes judgments some critical remarks are outlined. The recent case builds on and extends the scope of a line of existing cases that has started to redefine the relation- ship between EU citizenship and Member State nationality. The deep analysis of the opinion of Advocate General and of the reasoning of the Grand Chamber is explanatory in offering the Court’s vision of what is the core of Union citizenship and the relationship between the rights of free move- ment and residence, and what they offer in their totality to the individual citizen. The article also examines the requirement introduced by the Court of Justice that the rules on the loss of nationality must have due regard to the principle of proportionality and allow for an individ- ual examination of the consequences of that loss. Some final remarks concern the post – Brexit land- scape and the possible effects of Tjebbes’s rule on the protection of the free movement of persons.File | Dimensione | Formato | |
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1) 2020 Estratto RDP 3-2020 Romito.pdf
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