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Citizenship of the Union: First Steps in the European Court of Justice

Citizenship of the Union: First Steps in the European Court of Justice Sybilla Fries and Jo Shaw* The article discusses the recent ECJ case of Martinez Sala, containing the first substantial pronouncements on the interpretation of the Union citizenship provisions. The ECJ held that a Union citizen, lawfully resident in another Member State, was entitled to the protection of the non-discrimination principle in Article 6 EC, in respect of access to social benefits such as child-raising allowance which fall within the material scope of Community law. Potentially, this judgment represents the beginning of a new phase of EU incursion into national welfare sovereignty. Introduction and Context The inclusion of provisions in the E C Treaty establishing and elaborating upon a concept of European Union citizenship has been variously applauded as a turning point in the evolution of European integration and derided as a form of 'sticking plaster' legitimacy.' When potentially controversial provisions first appear in the E U treaties, it is not uncommon for lawyers to adopt a 'wait-and-see' policy in relation * Covington and Burling, Brussels and Department of Law, University of Leeds. This article was written while we were both enjoying the hospitality of the Harvard Law School; thanks are due to our various sponsors and especially the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Citizenship of the Union: First Steps in the European Court of Justice

European Public Law , Volume 4 (4) – Jan 21, 1998

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
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Abstract

Sybilla Fries and Jo Shaw* The article discusses the recent ECJ case of Martinez Sala, containing the first substantial pronouncements on the interpretation of the Union citizenship provisions. The ECJ held that a Union citizen, lawfully resident in another Member State, was entitled to the protection of the non-discrimination principle in Article 6 EC, in respect of access to social benefits such as child-raising allowance which fall within the material scope of Community law. Potentially, this judgment represents the beginning of a new phase of EU incursion into national welfare sovereignty. Introduction and Context The inclusion of provisions in the E C Treaty establishing and elaborating upon a concept of European Union citizenship has been variously applauded as a turning point in the evolution of European integration and derided as a form of 'sticking plaster' legitimacy.' When potentially controversial provisions first appear in the E U treaties, it is not uncommon for lawyers to adopt a 'wait-and-see' policy in relation * Covington and Burling, Brussels and Department of Law, University of Leeds. This article was written while we were both enjoying the hospitality of the Harvard Law School; thanks are due to our various sponsors and especially the

Journal

European Public LawKluwer Law International

Published: Jan 21, 1998

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