TEPSA Brief by Ms Maryia BRESKAYA: "EU Citizenship as a derived status v. a quasi-independent source of rights: an overview of the CJEU’s jurisprudence"

Ms Maryia BRESKAYA, Academic Assistant at the College of Europe in Natolin, has just published a policy brief in the Trans European Policy Studies Association (TEPSA) Briefs. The brief entitled "EU Citizenship as a derived status v. a quasi-independent source of rights: an overview of the CJEU’s jurisprudence" can be found here.

This brief aims to analyse the range of Court of Justice of the EU cases outlining the evolution of the application of EU citizenship law, and tries to define its character through traits of both the common idea of the citizenship familiar to nation-states and a novel status in a form of a dynamic tool giving rise to a constantly evolving range of rights that eventually goes beyond the EU borders and competences and becomes a quasi-independent legal status.

The analysis of a series of judgements related to the scope of application of the Union citizenship law enables to trace the evolution of the notion of supranational citizenship, which occasionally intervenes into the national citizenship and migration law, not only creating an additional strong layer of legal protection of free movement and residence rights but also often serving as an independent instrument creating rights for both EU nationals and for third-country citizens when national legal order prescribes lack of those claimable rights.