LLB ESSAY COURSEWORK QUESTION
Student’s Name
Course
Due Date
, 1
Introduction
There are numerous cases handled by the Court of Justice regarding diverse law issues
that need judgment, among other aspects. One such case includes citizenship application denial
cases where the member states deny citizenship to an individual. Such an individual asks for
their case to be referred to the European Union Court of Justice.1 Before answering any questions
on any reference for preliminary ruling national courts and tribunals must check the necessities
and the Court of Justice's jurisdiction in handling the case using the EU law. The scope and the
subject matter of the case referred to the EU Court of Justice for a preliminary ruling has to
concern the validity or interpretation of EU law and not the facts presented or the state's national
rules.2 Also, such preliminary rulings are provided by the court concerning the questions on EU
law raised by the referring tribunal or national court if it applies to EU laws. However, it is also
essential for the Court of Justice to take into account the legal as well as the main proceeding's
factual context. Therefore, the order for the Dutch court's preliminary reference in Case C-
459/20 (X case) meets the above criteria because it concerns the interpretation and validity of EU
law.
How the court should answer the questions from the referring court
The first question regards Article 20 TFEU precluding a member state from denying a
person considered a citizen of a non-member state and has a child who is a Union Citizen as a
dependent but has been restricted access. The Court of Justice has to refer to the provisions of the
EU law to answer this question. Therefore, it relates to Article 20(1) TFEU which states that any
individual who holds a member state's nationality is a union citizen.3 On the other hand, Article
20(2)(a) TFEU states that the Union citizens have the right to reside and move freely within the
1
Bartolini, Silvia. Another Piece of the Puzzle Surrounding the Application of Article 20 TFEU.
No. USL-B-Université Saint-Louis. 2020.
2
van Eijken, Hanneke, and P. S. Phoa. "The Scope of Article 20 TFEU Clarified in Chavez-
Vilchez: Are the Fundamental Rights of Minor EU Citizens Coming of Age?" European Law
Review 43, no. 6 (2018): 949-970.
3
Article 20(1) TFEU
Student’s Name
Course
Due Date
, 1
Introduction
There are numerous cases handled by the Court of Justice regarding diverse law issues
that need judgment, among other aspects. One such case includes citizenship application denial
cases where the member states deny citizenship to an individual. Such an individual asks for
their case to be referred to the European Union Court of Justice.1 Before answering any questions
on any reference for preliminary ruling national courts and tribunals must check the necessities
and the Court of Justice's jurisdiction in handling the case using the EU law. The scope and the
subject matter of the case referred to the EU Court of Justice for a preliminary ruling has to
concern the validity or interpretation of EU law and not the facts presented or the state's national
rules.2 Also, such preliminary rulings are provided by the court concerning the questions on EU
law raised by the referring tribunal or national court if it applies to EU laws. However, it is also
essential for the Court of Justice to take into account the legal as well as the main proceeding's
factual context. Therefore, the order for the Dutch court's preliminary reference in Case C-
459/20 (X case) meets the above criteria because it concerns the interpretation and validity of EU
law.
How the court should answer the questions from the referring court
The first question regards Article 20 TFEU precluding a member state from denying a
person considered a citizen of a non-member state and has a child who is a Union Citizen as a
dependent but has been restricted access. The Court of Justice has to refer to the provisions of the
EU law to answer this question. Therefore, it relates to Article 20(1) TFEU which states that any
individual who holds a member state's nationality is a union citizen.3 On the other hand, Article
20(2)(a) TFEU states that the Union citizens have the right to reside and move freely within the
1
Bartolini, Silvia. Another Piece of the Puzzle Surrounding the Application of Article 20 TFEU.
No. USL-B-Université Saint-Louis. 2020.
2
van Eijken, Hanneke, and P. S. Phoa. "The Scope of Article 20 TFEU Clarified in Chavez-
Vilchez: Are the Fundamental Rights of Minor EU Citizens Coming of Age?" European Law
Review 43, no. 6 (2018): 949-970.
3
Article 20(1) TFEU
