Kochenov, Dimitry; Lindeboom, Justin --- "Pluralism through its denial: the success of EU citizenship" [2018] ELECD 393; in Davies, Gareth; Avbelj, Matej (eds), "Research Handbook on Legal Pluralism and EU Law" (Edward Elgar Publishing, 2018) 179

Book Title: Research Handbook on Legal Pluralism and EU Law

Editor(s): Davies, Gareth; Avbelj, Matej

Publisher: Edward Elgar Publishing

ISBN: 9781786433084

Section: Chapter 11

Section Title: Pluralism through its denial: the success of EU citizenship

Author(s): Kochenov, Dimitry; Lindeboom, Justin

Number of pages: 20

Abstract/Description:

EU citizenship is derived from the nationalities of the Member States and thus seemingly obeys international law’s ‘anything goes’ pluralism: who is a citizen is for the states to decide. In practice, EU citizenship has effectively destroyed the ties between citizenship and state territory, offering virtually unlimited access to rights far beyond the conferring state’s territory. Since none of the Member States will be willing to give up the claim of sovereignty in nationality matters, holding on to the ‘full sovereignty in citizenship matters’ mantra, access to EU citizenship is paradoxically bound to be pluralist in nature precisely for the most antipluralist reasons. Thus, as part of a perpetual ‘clash of legal orders’, EU citizenship is a crucial federal denominator, shaping the ever-fluid vertical boundaries of competence.