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Civic Citizenship Reintroduced? The Long‐Term Residence Directive as a Post‐National Form of Membership
Author(s) -
Acosta Arcarazo Diego
Publication year - 2015
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12112
Subject(s) - citizenship , residence , prerogative , political science , sovereignty , directive , law , population , european union , term (time) , sociology , politics , business , demography , international trade , physics , quantum mechanics , computer science , programming language
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 .