Civic Citizenship Reintroduced? The Long-Term Residence Directive as a Post-National Form of Membership

This paper presents how the Long-Term Residence Directive has created a status that can be considered as a subsidiary form of EU citizenship.

This key revolution has been operated by EU law since this status escapes direct control by Member States that are obliged to grant EU long-term residence and the rights associated with it to third-country nationals (TCNs) fulfilling the conditions in the Directive. This represents a fundamental development and may be distinguished from the acquisition by TCNs of national/EU citizenship, which constitutes a prerogative of State sovereignty.

Indeed, the recent cases by the Court of Justice analysed below confirm this truly post-national form of membership and have profound implications for the relationship between borders, territory and population in the EU.

ESO: Background information: The Court of Justice lays the foundations for the Long-Term Residents Directive: Kamberaj, Commission v. Netherlands, Mangat Singh http://www.europeansources.info/record/the-court-of-justice-lays-the-foundations-for-the-long-term-residents-directive-kamberaj-commission-v-netherlands-mangat-singh/

ESO: Background information:Citizenship of the European Union http://www.europeansources.info/record/information-guide-citizenship-of-the-european-union/

ESO: Background Information: The Charter and not the ECHR has effect in Member States' legal orders http://europeanlawblog.eu/?tag=c-57110-kamberaj

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