Erik Kotlarik, The EU Citizenship in Purely Internal Situations and Reverse Discrimination

Erik Kotlarik, The EU Citizenship in Purely Internal Situations and Reverse Discrimination (March 7, 2013). Available at SSRN

The EU citizenship is unique, because it is parasitizing on the national citizenship. Yet it has nearly gained self-standing status through the jurisprudence of the CJEU. However, the fact that the EU citizenship has been incrementally carved out on the case-by-case basis is responsible for its patchwork character which causes serious problems. Firstly, Member States have little understanding for the concept of the EU citizenship extended by the judge-made law since it has compromised their sovereignty in such areas as social and immigration policy. Secondly, reverse discrimination, pervading malaise of the EU citizenship, presents a situation where the static EU citizens are discriminated against dynamic one’s and even against Third Country Nationals. Hence the EU citizenship is perceived as a concept benefiting only small minority to the detriment of majority which is the reason why the EU citizenship failed to attain broad allegiance. Unpopular among Member States, lacking the support of ordinary citizens, the EU citizenship needs impetus in order to imbue the EU integration with legitimacy, instead of becoming reason of its erosion.



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