Kochenov on the European Court of Justice’s Ruling in Tjebbes

Dimitry Kochenov (University of Groningen – Faculty of Law) has posted Dimitry Kochenov (University of Groningen – Faculty of Law) has posted The Tjebbes Fail (4 European Papers 2019, pp.1-18) on SSRN. Here is the abstract: This note briefly analyses ten most significant untenable assumptions underlying the European Court of Justice’s ruling in Tjebbes, where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-renewal of a Member State passport, thus introducing direct discrimination between different groups of EU citizens and legitimizing the treatment of law-abiding EU citizens worse than known terrorists and ISIS wives. EU citizenship has thus lost its proverbial ‘fundamental status’, downgraded to outright irrelevance for no tenable reason.

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