A Commentary on the Lounes Case and the Protection of EU Citizens’ Rights Post-Brexit

  1. Polly Ruth Polak
Journal:
Revista General de Derecho Europeo

ISSN: 1696-9634

Year of publication: 2018

Issue: 44

Pages: 190-203

Type: Article

More publications in: Revista General de Derecho Europeo

Sustainable development goals

Abstract

This is a commentary on the latest contribution of the Court of Justice of the EU to the development of EU citizenship, the Lounes case. A preliminary request brought by the UK High Court concerning an amendment made to the national regulation implementing Directive 2004/38, this dual nationality case highlights the differences between EU migration law and that of the UK. In this sense, it is also indicative of what is to be expected once EU citizens’ rights are no longer protected by EU law and the Court of Justice but by the EU-UK Withdrawal Agreement after Brexit

Bibliographic References

  • PEERS, S., “Dual citizens and EU citizenship: clarification from the ECJ, 15 November 2017”, available here: http://eulawanalysis.blogspot.com.es/2017/11/dual-citizens-and-eu-citizenship.html.
  • LENAERTS, K., “EU citizenship and the European Court of Justice’s ‘stone-by-stone’ approach”, International Comparative Jurisprudence 1 (2015.
  • P. J. NEUVONEN, “EU citizenship and its “very specific” essence: Rendón Marin and CS”, Common Market Law Review 45, 2017.
  • KOCHENOV, D., “EU Citizenship and Withdrawals from the Union: How Inevitable is the Radical Downgrading of Rights?” in CLOSA, C. (ed.), Secession from a Member State and Withdrawal from the European Union, Cambridge University Press, 2017.