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Moritz Jesse and Daniel Carter present in Luxembourg on EU Citizenship

Moritz Jesse and Daniel Carter, both members of the Europa Institute in Leiden, participated in the Conference ‘EU Citizenship and Federalism: The Role of Rights’ in November 2017.

The conference, which took place at the Court of Justice of the European Union and at the University of Luxembourg, was convened to appraise and conceptualise the recent evolutions in the legislative and judicial practice regarding EU citizenship and EU citizenship rights in the context of the constant re-articulation of the federal boundary of competences in the EU.

Jesse and Carter presented their paper, “Formalising Formulas-Back to the Market Roots for ‘Legal Residence’ of Citizens of the Union?”, which evaluates the approach taken by the Court of Justice in the context of Union Citizenship and economically inactive EU migrants. While recent judgments, such as Dano or Alimanovic, have attracted plenty of (justified) criticism, the paper argued that the underlying principles the Court of Justice applied in these cases as regards the limits of equal treatment of economically non-active EU citizens are sound and rest on a straight-forward interpretation of EU primary and secondary legislation. In other words, the paper concluded that in light of earlier case-law recent developments allegedly indicating a stricter approach of the European Court of Justice in cases involving economically non-active EU Citizens ought to be seen as a natural evolution of case-law rather than a disruptive revolution.