Union citizenship and the Court of Justice: something new under the sun?

Abstract:

With a striking manoeuvre in 1998, the Court asserted in its Sala ruling that citizenship of the Union is created as to assure treatment of all citizens on an equal footing regardless of their economic status. It thus departed once and for all from the implications that the Community of economic origins has on Union citizenship. Nevertheless, the question remained as to whether a restrictive interpretation of Article 18(1) concerning Union citizen's right of residence could put its spell on such equal treatment. From a critical point of view-given the Court's stance in Sala-does the core of the right permit restrictions enshrined in, inter alia, the 1990 Directives on Residence? In a subtle reply to such underlying question in the Grzelczyk case of 2001, the Court clarified its stance on the side of restrictions while substantially limiting the extent of the restrictions set forth by the Directives on Residence.

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