McCarthy to renouce British Nationality
Posted: Thu May 26, 2011 11:14 am
Right to change nationality.
Article 15 of the Universal Declaration of Human Rights states:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Even without working she can exercise treaty right.
Article 21 Freedom to move and reside
Article 21 (1) of the Treaty on the Functioning of the European Union[1] states that
Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
The European Court of Justice has remarked that,
EU Citizenship is destined to be the fundamental status of nationals of the Member States[5]
The ECJ has held that this Article confers a directly effective right upon citizens to reside in another Member State.[5][6] Before the case of Baumbast,[6] it was widely assumed that non-economically active citizens had no rights to residence deriving directly from the EU Treaty, only from directives created under the Treaty. In Baumbast, however, the ECJ held that (the then[7]) Article 18 of the EC Treaty granted a generally applicable right to residency, which is limited by secondary legislation, but only where that secondary legislation is proportionate.[8] Member States can distinguish between nationals and Union citizens but only if the provisions satisfy the test of proportionality.[9] Migrant EU citizens have a "legitimate expectation of a limited degree of financial solidarity... having regard to their degree of integration into the host society"[10] Length of time is a particularly important factor when considering the degree of integration.
The ECJ's case law on citizenship has been criticised for subjecting an increasing number of national rules to the proportionality assessment.[9]
Article 15 of the Universal Declaration of Human Rights states:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Even without working she can exercise treaty right.
Article 21 Freedom to move and reside
Article 21 (1) of the Treaty on the Functioning of the European Union[1] states that
Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
The European Court of Justice has remarked that,
EU Citizenship is destined to be the fundamental status of nationals of the Member States[5]
The ECJ has held that this Article confers a directly effective right upon citizens to reside in another Member State.[5][6] Before the case of Baumbast,[6] it was widely assumed that non-economically active citizens had no rights to residence deriving directly from the EU Treaty, only from directives created under the Treaty. In Baumbast, however, the ECJ held that (the then[7]) Article 18 of the EC Treaty granted a generally applicable right to residency, which is limited by secondary legislation, but only where that secondary legislation is proportionate.[8] Member States can distinguish between nationals and Union citizens but only if the provisions satisfy the test of proportionality.[9] Migrant EU citizens have a "legitimate expectation of a limited degree of financial solidarity... having regard to their degree of integration into the host society"[10] Length of time is a particularly important factor when considering the degree of integration.
The ECJ's case law on citizenship has been criticised for subjecting an increasing number of national rules to the proportionality assessment.[9]