Reich is of the view the EU citizenship is just based on the condition of nationality while at the same time, some basic rights is footed on the yardstick other than nationality / citizenship alone.As per Reich, citizenship of EU seems to be an imitative condition of nationality. …
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Union Citizenship - metaphor or source of rights?
The present EU law does not define whether the citizenship of EU will cover those non-citizen individuals who are residing in a Member States for long years. In Rudy case, the concept of citizenship to offer rights for free movement, the Court of Justice has been reluctant to confer “quasi-citizenship” rights to nationals of third countries who are residing in the Union for many years.
Thus, the law relating to EU citizenship seems to be in the infancy stage where a lot of reform has to be undertaken to plug the existing loophole that is found in the present EU citizenship rules and to make the EU as a whole as a borderless territory. Reich is of the opinion that the phrase “EU citizenship “ has not been defined exactly and due to this , there are flooding of case laws as regards to free movement and social rights for non-citizens living in EU for many years. Reich is of the view that citizenship can be defined as “full membership of the community “which offers a package of rights, which consists of social, civic and political rights. Reich is more concerned about the rights of third nationals who are residing in the EU Member States for long years. He is of the view that EU citizenship should not be decided merely on the citizenship of Member States but also should include those who are residing in a Member States for many years. Reich insists that there should not be any non-discrimination for granting citizenship to those who residing in a Member State for many years as compared to those who are having natural citizenship. Reich is of the view that citizenship should be awarded both on the status path and on the rights path. Reich prefers that union citizenship as a simile with some valued added to it. Reich cites the verdict in Micheletti case, where EU citizenship is derived from the condition of nationality. The EU has no authority to grant citizenship as an outcome of nationality. The citizenship in the EU Member State has to be recognised Union-wide even where an individual who had a dual citizenship as held in Micheletti case As per Reich, for contrasting between the duties and rights of Member States’ nationals in the European Union, nationality should not be considered as a criterion unless there exists some particular variety of cross-border disputes that inflicts different norms. In concluding part, Reich is of the opinion that the question – Union Citizenship – Whether Metaphor or source of Rights – can be found to be positive only to a restricted degree. Reich is of the opinion that citizenship seems to be like a baby in a cradle who is in deep sleep who has to be awakened by a gentle kiss by the direct impact of community law. 2.How has the law relating to Union Citizenship developed since the publication of the article in 2001? ( 900 words) As per Siofra O’ Leary, there is a failure to make an obvious connection between ambit and operation of the community citizenship with that of fundamental rights of EU citizen. EU citizenship offers the following rights; right of unrestricted movement , right to stand for election both for municipal and EU parliament , the right to petition , the right of consular and diplomatic protection , the right of petition and safeguard by the Ombudsman of the European Parliament. However, EU citizenship is not essential for enjoying certain rights for those who reside in EU Member States like directives on consumer, worker, environmental protection and data. The same will hold true in the case of both European and International conventions either on the aspect of conflict of laws or on jurisdictions. Thus,
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(Union Citizenship - Metaphor or Source of Rights Essay)
“Union Citizenship - Metaphor or Source of Rights Essay”, n.d. https://studentshare.org/law/1393414-european-law.
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