2014 ZA Q7 “unfortunately, no one can say with confidence that Dereci and the recent case law
provide all of the answers in respect to how A20 can be used in relation to the rights
that can be enjoyed by EU citizens”. Discuss.
2014 ZB Q8 ‘Recent judgments in the “post-Zambrano” phase clearly show that the Court is
revisiting its case law on the application of EU citizenship rights.’ Discuss.
2015 ZB Q3 According to AG Colomer ‘the concept of citizenship, which entails a legal status for
individuals, means that the Member States must pay particular attention to individual
legal situations. The fundamental rights play a vital role in the performance of that
task. As an integral part of the status of citizenship, the fundamental rights strengthen
the legal position of the individual by introducing a decisive aspect for the purposes of
substantive justice in the case concerned. Holding their fundamental rights as
prerogatives of freedom, citizens of the Union afford their claims greater legitimacy.
Moreover, in some cases, where a fundamental right is not at stake but a clear
injustice has been committed, citizenship can offer protection’. Do you agree? Should
citizenship become a sort of a panacea (solution) for any injustice?
2015 Oct Q2 ‘CJEU has been testing the outer limits of the concept of EU citizenship in cases
involving family members who are not themselves EU citizens; the acquisition and loss
of citizenship; and purely internal situations. The Court must tread carefully.
Citizenship may well be a ‘fundamental status’ of the nationals of the Member States,
requiring an expansive and protective approach. However, that principle is counter-
balanced by the principle of conferral, which means that the EU cannot act outside the
competences conferred upon it by the Member States.’ Discuss.
2016 ZA Q8 ‘Rapid economic integration in the EU has not been accompanied by an equivalent
adaptation of social policies and legislation. Correspondingly, the concept of the Union
citizenship created by the Treaty is not considered to be an effective step in creating
and maintaining substantive individual rights.’ Discuss.
2016 ZB Q6 ‘The radically innovative character of the concept of European citizenship lies in the
fact that the Union belongs to, is composed of, citizens who by definition do not share
the same nationality. The COJ case law simply spells out which rights and duties
emerge from such concept.’ Discuss.
2016 oct Q3 ‘Although A18 [now A21] provided a right of Union citizens only “subject to the
limitations and conditions laid down in this Treaty and by the measures adopted to
give it effect”, the Court made clear that it was determined to use Union citizenship as
an instrument to overcome the existing basic distinction between economically active
and non-economically active Union citizens.’ Critically discuss this statement.
2017 ZA Q5 When AG Jacobs, in his Opinion in Bickel and Franz, defined the notion of
citizenship as “a commonality of rights and obligations uniting Union citizens by a
common bond transcending Member State nationality”, he would probably not have
envisaged that the CJEU would have so frequently denied even the existence of such
a commonality of rights. Discuss this statement in the light of the recent case law of
the court on EU Citizenship.
2017 ZB Q5 ‘The Zambrano judgment of CJEU is of fundamental importance in that it represents a
permanent move beyond the confines of market citizenship. In its place, ‘federal’
European Union citizenship cultivates the human dimension of EU integration.’
Discuss.
2017 Oct Q3 “Union citizenship is destined to be the fundamental status of nationals of the Member
States, enabling those who find themselves in the same situation to enjoy the same
treatment in law irrespective of their nationality.” Case C-184/99 Grzelczyk (2001).
Discuss this statement in the light of restrictions regarding access to social benefits in
CJEU case law BEFORE and AFTER the adoption of the Citizenship Directive
2004/38.
2018 ZA Q6 “The Citizens Rights Directive 2004/38 goes a long way towards harmonizing the
treatment of economically active and non-economically active EU citizens. However,
recent judgments of the CJEU in this area are more important and decisive than ever.”
Discuss.
2018 ZB Q6 ‘The status of citizen of the EU is intended to have positive connotations. Yet it is a
, status that limits the control of national governments over national borders as well as
over national welfare systems.’
2018 Oct Q6 “The notion of citizenship of the Union implies a commonality of rights and obligations
uniting Union citizens by a common bond transcending Member State nationality. The
introduction of that notion was largely inspired by the concern to bring the Union closer
to its citizens and to give expression to its character as more than a purely economic
union. That concern is reflected in the removal of the word ‘economic’ from the
Community's name (also effected by the TEU) and by the progressive introduction into
the Treaties of a wide range of activities and policies transcending the field of the
economy.” Discuss.
2020 ZA Q1 The CJEU held in the Grzelczyk case that, ‘Union citizenship is destined to be the
fundamental status of nationals of the Member States, enabling those who find
themselves in the same situation to enjoy the same treatment in law irrespective of
their nationality, subject to such exceptions as are expressly provided for.’ Discuss the
extent to which this prediction has been fulfilled.
2020 ZB Q1 ‘The Citizens’ Directive 2004/38 and the case law of the CJEU go a long way in
harmonizing the way in which migrant EU citizens are treated in EU Member States.
However, important distinctions persist when it comes to access to social benefits by
EU citizens and their family members: economically active persons are simply better
off. This constitutes discrimination.’ Discuss.
2020 Oct ZA ‘Recently, the CJEU has significantly downgraded the quality of EU citizenship,
Q2 restricting individual rights for certain groups of people.’ Discuss, tracing the evolution
of the case law on EU citizenship.
2020 Oct ZB ‘The EU case law has transformed EU citizenship into a fully-fledged citizenship,
Q2 similar to national standards.’ Discuss, tracing the evolution of the case law on EU
citizenship
provide all of the answers in respect to how A20 can be used in relation to the rights
that can be enjoyed by EU citizens”. Discuss.
2014 ZB Q8 ‘Recent judgments in the “post-Zambrano” phase clearly show that the Court is
revisiting its case law on the application of EU citizenship rights.’ Discuss.
2015 ZB Q3 According to AG Colomer ‘the concept of citizenship, which entails a legal status for
individuals, means that the Member States must pay particular attention to individual
legal situations. The fundamental rights play a vital role in the performance of that
task. As an integral part of the status of citizenship, the fundamental rights strengthen
the legal position of the individual by introducing a decisive aspect for the purposes of
substantive justice in the case concerned. Holding their fundamental rights as
prerogatives of freedom, citizens of the Union afford their claims greater legitimacy.
Moreover, in some cases, where a fundamental right is not at stake but a clear
injustice has been committed, citizenship can offer protection’. Do you agree? Should
citizenship become a sort of a panacea (solution) for any injustice?
2015 Oct Q2 ‘CJEU has been testing the outer limits of the concept of EU citizenship in cases
involving family members who are not themselves EU citizens; the acquisition and loss
of citizenship; and purely internal situations. The Court must tread carefully.
Citizenship may well be a ‘fundamental status’ of the nationals of the Member States,
requiring an expansive and protective approach. However, that principle is counter-
balanced by the principle of conferral, which means that the EU cannot act outside the
competences conferred upon it by the Member States.’ Discuss.
2016 ZA Q8 ‘Rapid economic integration in the EU has not been accompanied by an equivalent
adaptation of social policies and legislation. Correspondingly, the concept of the Union
citizenship created by the Treaty is not considered to be an effective step in creating
and maintaining substantive individual rights.’ Discuss.
2016 ZB Q6 ‘The radically innovative character of the concept of European citizenship lies in the
fact that the Union belongs to, is composed of, citizens who by definition do not share
the same nationality. The COJ case law simply spells out which rights and duties
emerge from such concept.’ Discuss.
2016 oct Q3 ‘Although A18 [now A21] provided a right of Union citizens only “subject to the
limitations and conditions laid down in this Treaty and by the measures adopted to
give it effect”, the Court made clear that it was determined to use Union citizenship as
an instrument to overcome the existing basic distinction between economically active
and non-economically active Union citizens.’ Critically discuss this statement.
2017 ZA Q5 When AG Jacobs, in his Opinion in Bickel and Franz, defined the notion of
citizenship as “a commonality of rights and obligations uniting Union citizens by a
common bond transcending Member State nationality”, he would probably not have
envisaged that the CJEU would have so frequently denied even the existence of such
a commonality of rights. Discuss this statement in the light of the recent case law of
the court on EU Citizenship.
2017 ZB Q5 ‘The Zambrano judgment of CJEU is of fundamental importance in that it represents a
permanent move beyond the confines of market citizenship. In its place, ‘federal’
European Union citizenship cultivates the human dimension of EU integration.’
Discuss.
2017 Oct Q3 “Union citizenship is destined to be the fundamental status of nationals of the Member
States, enabling those who find themselves in the same situation to enjoy the same
treatment in law irrespective of their nationality.” Case C-184/99 Grzelczyk (2001).
Discuss this statement in the light of restrictions regarding access to social benefits in
CJEU case law BEFORE and AFTER the adoption of the Citizenship Directive
2004/38.
2018 ZA Q6 “The Citizens Rights Directive 2004/38 goes a long way towards harmonizing the
treatment of economically active and non-economically active EU citizens. However,
recent judgments of the CJEU in this area are more important and decisive than ever.”
Discuss.
2018 ZB Q6 ‘The status of citizen of the EU is intended to have positive connotations. Yet it is a
, status that limits the control of national governments over national borders as well as
over national welfare systems.’
2018 Oct Q6 “The notion of citizenship of the Union implies a commonality of rights and obligations
uniting Union citizens by a common bond transcending Member State nationality. The
introduction of that notion was largely inspired by the concern to bring the Union closer
to its citizens and to give expression to its character as more than a purely economic
union. That concern is reflected in the removal of the word ‘economic’ from the
Community's name (also effected by the TEU) and by the progressive introduction into
the Treaties of a wide range of activities and policies transcending the field of the
economy.” Discuss.
2020 ZA Q1 The CJEU held in the Grzelczyk case that, ‘Union citizenship is destined to be the
fundamental status of nationals of the Member States, enabling those who find
themselves in the same situation to enjoy the same treatment in law irrespective of
their nationality, subject to such exceptions as are expressly provided for.’ Discuss the
extent to which this prediction has been fulfilled.
2020 ZB Q1 ‘The Citizens’ Directive 2004/38 and the case law of the CJEU go a long way in
harmonizing the way in which migrant EU citizens are treated in EU Member States.
However, important distinctions persist when it comes to access to social benefits by
EU citizens and their family members: economically active persons are simply better
off. This constitutes discrimination.’ Discuss.
2020 Oct ZA ‘Recently, the CJEU has significantly downgraded the quality of EU citizenship,
Q2 restricting individual rights for certain groups of people.’ Discuss, tracing the evolution
of the case law on EU citizenship.
2020 Oct ZB ‘The EU case law has transformed EU citizenship into a fully-fledged citizenship,
Q2 similar to national standards.’ Discuss, tracing the evolution of the case law on EU
citizenship
