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Published online by Cambridge University Press: 06 March 2019
The British vote on 23rd June, opting by a rather slim majority to leave the European Union, has sent waves of uncertainty rippling through the island and the continent, as well as through some milestones of European integration. One of these is European citizenship. Paradoxically, it receives a hard shake at the hand of national citizenships, exercised through a referendum.
1 In plural, in consideration of the fact that nationals of other Commonwealth countries resident in the U.K. were allowed to vote in the referendum.Google Scholar
2 Treaty on the Functioning of the European Union, 2012 OJ (C 326), 47, art. 20.Google Scholar
3 See Case C-64/96 and C-65/96 Uecker and Jacquet v Land Nordrhein-Westfalen, EU:C:1997:285.Google Scholar
4 See, e.g., case C-184/99, Rudy Grzelczyk v. Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve, EU:C:2001:458.Google Scholar
5 Gareth Davies, “Any Place I Hang my Hat?”, or: Residence is the New Nationality, 11 European Law Journal 43 (2005).Google Scholar
6 See, e.g., Strumia, Francesca, Individual Rights, Interstate Equality, State Autonomy: European Horizontal Citizenship and its (Lonely) Playground in Trans-Atlantic Perspective, in Citizenship and Federalism: the Role of Rights (Dimitry Kochenov ed., forthcoming 2016)Google Scholar
7 Dimitry Kochenov, Ius Tractum of Many Faces: European Citizenship and the Difficult Relationship between Status and Rights, 15 Columbia Journal of European Law 169 (2009).Google Scholar
8 Francesca Strumia, Supranational Citizenship and the Challenge of Diversity – Immigrants, Citizens and Member States in the EU (2013), at 315.Google Scholar
9 Case C-135/08, Janko Rottman v Freistaat Bayern, EU:C:2010:104.Google Scholar
10 Id.Google Scholar
11 Something on which some doubts begin to linger according to the reactions of politicians as well as constitutional scholars in the UK. See, e.g., Barber, Nick, Tom Hickman, Jeff King, Pulling the Article 50 ‘Trigger’: Parliament's Indispensable Role, U.K. Const. L. Blog (June 27, 2016), available at https://ukconstitutionallaw.org/.Google Scholar
12 See Treaty on European Union, 2012 OJ (C 326), 13, art. 50.Google Scholar
13 Universal Declaration of Human Rights, art. 15.Google Scholar
14 See Weiler, Joseph H., Van Gend en Loos: The Individual as Subject and Object and the Dilemma of European Legitimacy, 12 International Journal of Constitutional law 94 (2014), at 100–101.Google Scholar
15 This is Hirschman's tryptic: exit, voice, and loyalty. See Hirschman, Albert, Exit, Voice and Loyalty: Responses to Decline in Firms, Organizations and States (1970).Google Scholar
16 See supra, notes 5 and 6.Google Scholar
17 See Davies, G., supra note 5, at 56.Google Scholar
18 See, e.g., Case C-499/06 Halina Nerkowska v Zakłtad Ubezpieczeń Społtecznych Oddziałt w Koszalinie, EU:C:2008:300; case C-503/09 Lucy Stewart v Secretary of State for Work and Pensions, EU:C:2011:500; (the rationale for the judgments in these cases is that obstacles to fruition of benefits while residing outside the Member State of nationality unduly restrict the freedoms conferred by the Treaties on European citizens)Google Scholar
19 The doctrine of the genuine substance of European citizenship, inaugurated by the Court in Ruiz Zambrano, case C-34/09, Ruiz Zambrano EU:C:2011:124, overcomes this requirement but is left with uncertain prospects.Google Scholar
20 See, e.g., Agustín José Menéndez, Which Citizenship? Whose Europe? – The Many Paradoxes of European Citizenship 15 German Law Journal 907 (2014).Google Scholar
21 See Tryfonidou, Alina, Reverse Discrimination in Purely Internal Situations: an Incongruity in a Citizens' Europe 35 Legal Issues of Economic Integration 43 (2008).Google Scholar
22 See, e.g., Christoph Schönberger, Unionsbürger: Europas föderales Bürgerrecht in vergleichender Sicht (2006).Google Scholar
23 See US Term Limits v. Thornton 514 US 779 (1995) (J. Kennedy concurring), at 845 (Federalism requires ‘a relationship between the people of the Nation and their National Government, with which the States may not interfere‘).Google Scholar
24 See, e.g., Kostakopoulou, Dora, European Union Citizenship: Writing the Future 13 European Law Journal 623 (2007); Jo Shaw, Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism, in Paul Craig and Gráinne De Burca (eds.), The Evolution of EU Law (2011); Michelle Everson, A Citizenship in Movement, 15 German Law Journal 965 (2014).Google Scholar
25 See, e.g., Case C-333/13, Dano, EU:C:2014:2358.Google Scholar
26 European citizenship did not formally exist at the time of the 1975 UK referendum on EU membership. On the other hand citizens voting in the EU accession referendums in the context of the 2004 enlargements were not European citizens beforehand.Google Scholar
27 See Strumia, Francesca, EU Citizenship and EU Immigration: Walking the Line between Third Country Nationals' Right to Belong and Member States' Power to Exclude?, European Law Journal (forthcoming 2016).Google Scholar
28 See United States v. Carolene Products Company, 304 U.S. 144 (1938) (footnote 4).Google Scholar
29 See Adonnino, Pietro, A People's Europe. Reports from the ad hoc Committee, Bullettin of the European Communities 7/85 (June 27, 2016), available at http://aei.pitt.edu/992/ Google Scholar
30 See Decision of the Council of MERCOSUR, ‘Estatuto de la Ciudadanìa del Mercosur. Plan de Acciòn’, n. 64/10, December 2010; Economic Agreement of the Gulf Cooperation Council, preamble; Berry, David S., Caribbean Integration law (2014), at 258–259; Caribbean Court of Justice, Shanique Myrie v. Barbados, [2013] CCJ 3(OJ), par. 66–71.Google Scholar
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