Kompetenzfusion durch Bürgerschaft. Die föderale Logik in der Rechtsprechung des EuGH zur Unionsbürgerschaft

Abstract

Competence Fusion Through Citizenship

The Federal Logic in the CJEU’s Jurisprudence on Union Citizenship. Remarks on the Occasion of the Grand Chamber Judgment from 18 January 2022, Case C-118/20 – JY v. Wiener Landesregierung

Union citizenship’s configuration and development is clearly assigned to Union organs. The same applies for the Member States’ legislative and judicial organs when it comes to decisions on nationality law. However, the ECJ's case-law on Union citizenship gradually increased Union law requirements on Member State nationality law. The Court’s most recent decision reaches a new depth. According to the thesis of this contribution and notwithstanding the Court’s cautionary formula of 'respecting' Union law when exercising Member State areas of competence, the development can be summed up as a competence-fusion through citizenship. In sum, the developments in the Court’s case law regarding Articles 20 and 21 TFEU call into question the principle of conferral enshrined in Union constitutional law and the significance of the preconditions for applying the Charter of Fundamental Rights, as laid down in Article 51 (1) CFR.