A union of national citizens: The origins of the Court’s lack of avant-gardisme in the Chen case

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Series Details Vol.43, No.1, February 2006, p179–190
Publication Date February 2006
ISSN 0165-0750
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Publishers Abstract:
This article is essentially a case study for a methodological approach to the jurisprudence of the Court of Justice, aiming to analyze the reasons for which the ECJ's jurisprudence evolves on the basis of a recent example. Accordingly, it seeks to examine the underlying conceptual reasons for which the Court in Chen, in spite of the specific facts prevailing in that case, ruled as a matter of principle that the UK could not rely on any legal basis to diminish the effect of the conferral of the Irish nationality on Chen. The Court has, through its case law, extended the material scope of citizenship rights, and consequently of European citizenship at a conceptual level. However the court leaves outside its jurisdiction any question concerning the entry into this united forum of different people and forbids the Member States to limit the full effects of the conferral of nationality of another Member State.

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