Is Toufik Lounes Another Brick in the Wall? The CJEU and the On-going Shaping of the EU Citizenship
| Autor: | Gualco, Elena |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2018 |
| Předmět: | |
| Zdroj: | European Papers, Vol 2018 3, Iss 2, Pp 911-922 (2018) |
| ISSN: | 2499-8249 |
| Popis: | European Papers - A Journal on Law and Integration, 2018 3(2), 911-922 European Forum Insight of 21 June 2018 I. Introduction. - II. The dispute at the main proceeding and the preliminary question. - III. The Opinion of AG Bot. - IV. The CJEU ruling and the enhanced application of Directive 2004/38. - V. Non-discrimination and right to family life: the marginalisationof fundamental rights. - V.1. EU citizenship and non-discrimination on grounds of nationality: two sides of the same coin. - V.2. The CJEU vis-à-vis the "right to family life": limiting or enhancing its potential? - VI. The additional value of the Toufik Lounes ruling: its implications for Brexit. - VII. Concluding remarks. This Insight tackles a recent judgment of the CJEU, Toufik Lounes (Court of Justice, judgment of 14 November 2017, case C-165/16, Toufik Lounes v. Secretary of State for the Home Department), where the CJEU was asked to rule on the case of a EU national, Ms García Omazábal, who had exercised her free movement rights, later acquiring the citizenship of the host State while also retaining her nationality of origin. The Court has further investigated the scope ratione personae of Directive 2004/38 and Art. 21, para. 1, TFEU, so to clarify whether, in the scenario above, the EU national and her third-country national spouse could still be considered "beneficiaries" under Directive 2004/38. The CJEU answered as follows: while Directive 2004/38 is not applicable in the situation above, Art. 21, para. 1, TFEU shall instead be applied so as to prevent the EU national holding a dual citizenship to be treated less favourably than a EU national having the citizenship of his country of origin only, and therefore having the EU national's right to family life unreasonably disrupted. Against this backdrop, the Insight first highlights the merits of the decision, by also investigating its positive effects within the Brexit process. Secondly, it discloses a main shortcoming that is likely to weaken the overall protection granted to EU citizens, i.e. the CJEU choice to disregard the connection between the provisions on the EU citizenship and the respect of fundamental rights. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|