Two Sovereign States vs. A Human Being: ECJ as a Guardian of Arbitrariness in Citizenship Matters

Kochenov, Dimitry

doi:10.2139/ssrn.1593220

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Two Sovereign States vs. A Human Being: ECJ as a Guardian of Arbitrariness in Citizenship Matters

Shaw, Jo (ed.), 'Has the European Court of Justice Challenged the Member State Sovereignty in Nationality Law?', EUI RSCAS Working Paper No. 2011/62, pp. 11-16.

8 Pages Posted: 21 Apr 2010 Last revised: 28 May 2016

See all articles by Dimitry Kochenov

Dimitry Kochenov

CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna

Date Written: April 20, 2010

Abstract

This paper, which is a contribution to the EUI EUDO citizenship debate on Case C-135/08 Janko Rottmann [2010] launched by Prof. Jo Shaw, critiques this remarkable judgement of the Court of Justice, suggesting possible ways forward in the development of the concept of EU citizenship in the future. How is Rottmann important? Could the ECJ decide differently? What are the consequences of the restrictive approach chosen by the Court? It is suggested that Rottmann is just one of the first steps in the paradigmatic shift in the understanding of the legal meaning of citizenship which will be shaping EU law in the years to come.

Keywords: Rottmann, EU law, Citizenship, nationality, ECJ, Micheletti, proportionality, European Union

Suggested Citation: Suggested Citation

Kochenov, Dimitry and Kochenov, Dimitry, Two Sovereign States vs. A Human Being: ECJ as a Guardian of Arbitrariness in Citizenship Matters (April 20, 2010). Shaw, Jo (ed.), 'Has the European Court of Justice Challenged the Member State Sovereignty in Nationality Law?', EUI RSCAS Working Paper No. 2011/62, pp. 11-16., Available at SSRN: https://ssrn.com/abstract=1593220 or http://dx.doi.org/10.2139/ssrn.1593220