27 Apr 2009

State of the Art on the European Court of Justice and Enacting Citizenship

Sergio Carrera / Massimo Merlino

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This report provides a state of the art of the main interdisciplinary academic discussions, EU acts and European Court of Justice (ECJ) case law surrounding issues related to citizenship, migration and integration. The report was finalised in mid-2008 and has provided the basis upon which the work conducted by the Justice and Home Affairs Section at CEPS in the framework of the ENACT research project funded by DG Research of the European Commission has been developed. In particular, the general objectives of CEPS’ contribution to this project are: first, to assess the impact of Community governance on the enactment of European citizenship and the exclusivity of the nation-state competence over nationality matters; and to examine the ways in which the ECJ and the adoption of the Council Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely have influenced its enactment; second, to analyse the impacts of the enlargement processes, and of accompanying measures such as the transitional arrangements inserted in the Acts of Accession and other restrictions to the fundamental right of freedom of movement, on the status and practices of European citizenship; and third, to assess the tensions inherent to nationality and/or residence-based enactment of citizenship versus European citizenship of TCNs; to address the effects and dilemmas posed by the Council Directive 2003/109/EC of November 2003 on the status of third country nationals who are long-term residents.