Is Toufik Lounes another brick in the wall? The CJEU and the on-going shaping of the EU citizenship
Authors
Gualco, ElenaAffiliation
University of BedfordshireIssue Date
2018-06-21
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This Insight tackles a recent judgment of the CJEU, Toufik Lounes (Court of Justice, judgment of 14 November 2017, case C-165/16, Toufik Lounes v. Secretary of State for the Home Department), where the CJEU was asked to rule on the case of a EU national, Ms García Omazábal, who had exercised her free movement rights, later acquiring the citizenship of the host State while also retaining her nationality of origin. The Court has further investigated the scope ratione personae of Directive 2004/38 and Art. 21, para. 1, TFEU, so to clarify whether, in the scenario above, the EU national and her third-country national spouse could still be considered “beneficiaries” under Directive 2004/38. The CJEU answered as follows: while Directive 2004/38 is not applicable in the situation above, Art. 21, para. 1, TFEU shall instead be applied so as to prevent the EU national holding a dual citizenship to be treated less favourably than a EU national having the citizenship of his country of origin only, and therefore having the EU national’s right to family life unreasonably disrupted. Against this backdrop, the Insight first highlights the merits of the decision, by also investigating its positive effects within the Brexit process. Secondly, it discloses a main shortcoming that is likely to weaken the overall protection granted to EU citizens, i.e. the CJEU choice to disregard the connection between the provisions on the EU citizenship and the respect of fundamental rightsCitation
Gualco E. (2018) 'Is Toufik Lounes Another Brick in the Wall? The CJEU and the On-going Shaping of the EU Citizenship', European Papers, 4 (), pp.1-12.Journal
European PapersAdditional Links
http://europeanpapers.eu/fr/europeanforum/is-toufik-lounes-another-brick-in-the-wall-cgue-eu-citizenshipType
ArticleLanguage
enISSN
2499-8249ae974a485f413a2113503eed53cd6c53
10.15166/2499-8249/226
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