Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr
McCarthy attempted to rely upon rights under Directive 2004/38 within a home state, but this was not a straightforward case of a purely internal situation, the applicant having acquired Irish nationality and claiming that she was a Union citizen living within the UK as a host Member State. The use o...
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| Format: | Article |
| Language: | English |
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UACES
2012-02-01
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| Series: | Journal of Contemporary European Research |
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| Online Access: | https://jcer.net/index.php/jcer/article/view/412 |
| _version_ | 1818341137010655232 |
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| author | Catherine Taroni |
| author_facet | Catherine Taroni |
| author_sort | Catherine Taroni |
| collection | DOAJ |
| description | McCarthy attempted to rely upon rights under Directive 2004/38 within a home state, but this was not a straightforward case of a purely internal situation, the applicant having acquired Irish nationality and claiming that she was a Union citizen living within the UK as a host Member State. The use of dual citizenship as a potential linking element with Union law follows from earlier developments in citizenship case law. Union citizenship has helped those who do not fully meet requirements of secondary legislation. The ‘trigger’ of cross-border movement has been weakened to some extent in the identity cases, and others such as Carpenter. McCarthy’s attempt to rely upon Union law without ever having moved, just by being a Union citizen, gave the Court of Justice of the European Union a chance to dispel ideas that being a dual Member State national was automatically a linking factor with EU law. |
| first_indexed | 2024-12-13T15:54:00Z |
| format | Article |
| id | doaj.art-9831eb1a13e04bf5963f6c1efa4f9187 |
| institution | Directory Open Access Journal |
| issn | 1815-347X |
| language | English |
| last_indexed | 2024-12-13T15:54:00Z |
| publishDate | 2012-02-01 |
| publisher | UACES |
| record_format | Article |
| series | Journal of Contemporary European Research |
| spelling | doaj.art-9831eb1a13e04bf5963f6c1efa4f91872022-12-21T23:39:22ZengUACESJournal of Contemporary European Research1815-347X2012-02-0181Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyrCatherine Taroni0Durham UniversityMcCarthy attempted to rely upon rights under Directive 2004/38 within a home state, but this was not a straightforward case of a purely internal situation, the applicant having acquired Irish nationality and claiming that she was a Union citizen living within the UK as a host Member State. The use of dual citizenship as a potential linking element with Union law follows from earlier developments in citizenship case law. Union citizenship has helped those who do not fully meet requirements of secondary legislation. The ‘trigger’ of cross-border movement has been weakened to some extent in the identity cases, and others such as Carpenter. McCarthy’s attempt to rely upon Union law without ever having moved, just by being a Union citizen, gave the Court of Justice of the European Union a chance to dispel ideas that being a dual Member State national was automatically a linking factor with EU law.https://jcer.net/index.php/jcer/article/view/412Union citizenshipDual nationalityDirective 2004/38Free movementPurely internal situations |
| spellingShingle | Catherine Taroni Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr Journal of Contemporary European Research Union citizenship Dual nationality Directive 2004/38 Free movement Purely internal situations |
| title | Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr |
| title_full | Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr |
| title_fullStr | Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr |
| title_full_unstemmed | Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr |
| title_short | Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber), 5 May 2011, nyr |
| title_sort | union citizenship as a source of rights case c 434 09 shirley mccarthy v secretary of state for the home department judgment of the court third chamber 5 may 2011 nyr |
| topic | Union citizenship Dual nationality Directive 2004/38 Free movement Purely internal situations |
| url | https://jcer.net/index.php/jcer/article/view/412 |
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