Union Citizenship and Immigration: Re-thinking the classics?

Abstract

The free movement of Union citizens hinges on three ‘classic’ requirements, namely the possession of Member State nationality, the inter-State element and the condition of self-sufficiency. Recent case law of the ECJ seems to shake the traditional conceptions of these requirements and, as a consequence, to widen the scope of application of the free movement rules. This in turn will have significant consequences for the immigration laws of the Member States. On the one hand, Union law will increasingly influence the Member States’ rules on acquisition and loss of nationality. On the other hand, the Member States will have to accord residence rights to certain categories of Union citizens and their family members who would previously not have been entitled to invoke Union law. The resulting financial burdens for the Member States are potentially very significant, although it is not yet possible to ascertain the precise reach of the principles articulated by the ECJ.