ГРАЖДАНСТВОТО НА ЕС В ПРАКТИКАТА НА СЪДА НА ЕВРОПЕЙСКИЯ СЪЮЗ СЛЕД ДОГОВОРА ОТ ЛИСАБОН И ВЛИЗАНЕТО В СИЛА НА ХОПЕС
EU CITIZENSHIP IN THE CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AFTER THE TREATY OF LISBON AND THE ENTRY INTO FORCE OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

Summary/Abstract: The article examines the development of European Union citizenship in the case-law of the Court of Justice of the European Union following the entry into force of the Lisbon Treaty and the binding legal status of the Charter of Fundamental Rights of the European Union. It analyses the transformation of EU citizenship from a formal legal status into a substantive constitutional category that serves as a source of directly effective rights for individuals. Particular attention is given to the landmark judgments of Ruiz Zambrano, McCarthy, Dereci, Ymeraga, Alokpa, and Sayn-Wittgenstein, in which the Court has articulated the notion of "substance" or "core" of EU citizenship. This article explains in what respects the Charter enhances the scope of protection of fundamental rights, notably those to family life, equality, non-discrimination, and free movement, but also defines the limits of the EU's material competence through the genuine link requirement emanating from Article 51 of the Charter. By such an analysis, we can see the fine balance between sovereignty and integration; Member States have competence in matters of nationality, yet are limited when the national measure would render impossible or unbearable the effective enjoyment of the fundamental rights of the EU citizen. Conclusively, the article reiterates the importance of national courts' duty in identifying the elements of relevance of EU law, safeguarding the substance of EU citizenship, and ensuring effective application of the Charter within the national legal orders.

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