THE ROLE OF THE CJEU IN SOLVING THE PROBLEMATIC ASPECTS RELATED TO THE ACQUISITION AND LOSS OF EUROPEAN CITIZENSHIP

Abstract

Granted automatically to anyone who holds the nationality of any EU country, European citizenship generates a variety of rights and benefits derived both from domestic and EU law. If the first ones may differ from country to country, the others are the same all over the EU countries, being enshrined in The Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights. It is exactly this multitude of rights that makes third States’ citizens to aspire to EU citizenship and there are legal procedures that regulate such a demarch. Nevertheless, some problematic issues could occur on these occasions and sometimes the Court of Justice of the European Union is requested to intervene in order to solve these kind of situations, on the basis of preliminary rulings. The present paper intends to depict and analyse relevant case-law of the CJEU in this field, dealing, for instance, with topics like discrimination on grounds of nationality, derived right of residence of thirdcountry nationals who are family members of a Union citizen or loss of citizenship of the Union on account of loss of nationality of a Member State.

Keywords

• european citizenship
• non-discrimination
• freedom of movement
• social rights
• cjue’s case-law