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

This paper presents how the L ong‐ T erm R esidence D irective 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 M ember S tates that are obliged to grant EU long‐term residence and the rights associated with it to third‐country nationals ( TCN s) fulfilling the conditions in the D irective. This represents a fundamental development and may be distinguished from the acquisition by TCN s of national/ EU citizenship, which constitutes a prerogative of S tate sovereignty. Indeed, the recent cases by the C ourt of J ustice 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 .