Civic citizenship reintroduced?: The long-term residence directive as a post-national form of membership

• Autores: Diego Acosta Arcarazo
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 21, Nº. 2, 2015, págs. 200-219
• Idioma: inglés
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• Dialnet Métricas: 2 Citas
• Resumen

  • This paper presents how the Long-Term Residence Directive has created a status that can be considered as a subsidiary form of EU citizenship. This key revolution has been operated by EU law since this status escapes direct control by Member States that are obliged to grant EU long-term residence and the rights associated with it to third-country nationals (TCNs) fulfilling the conditions in the Directive. This represents a fundamental development and may be distinguished from the acquisition by TCNs of national/EU citizenship, which constitutes a prerogative of State sovereignty. Indeed, the recent cases by the Court of Justice analysed below confirm this truly post-national form of membership and have profound implications for the relationship between borders, territory and population in the EU.