Editorial Comments: COVID-19 – EU Citizenship and the Right to Free Movement in a Public Health Crisis
Year: 2021
Type: editorial
Abstract: The CJEU declared in connection with the status of EU citizenship in Zambrano that "Article 20 TFEU precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the right conferred by virtue of their status as citizens of the Union."Judgment of 8 March 2011, Case C-34/09, Ruiz Zambrano, ECLI:EU:C:2011:124, para.42. 4It is mostly due to the fact that the doctrine based on Article 20 TFEU may be applied only in extraordinary cases.5While van Eijken acknowledges the narrow scope of the doctrine but highlights its role in promoting certain fundamental rights, such as respect for family life and children's rights, Van der Brink questions its raison d'etre.He concludes as the Zambrano doctrine is also rooted in free movement, the differentiation between legal status enshrined in Articles 20 and 21 TFEU is artificial, moreover, it results in conceptual confusion.See
Author: Laura Gyeney
Institution: Pázmány Péter Catholic University
Language: English
Topic: European Law and Migration
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W3210028264