La proporzionalità come principio archimedeo della cittadinanza europea: un percorso giurisprudenziale
DI LEONARDO MELLACE
ABSTRACT – This article starts from the Micheletti and Chen rulings (two milestones of European case-law on the issue of citizenship), and then it focuses on the Tjebbes and JY, as well as the Rottmann, which inspired them. With these latter judgments, the Luxembourg Court decided that the competent national authorities and the national courts had to verify whether the loss of national citizenship – which also entail the loss of European citizenship and the rights that derive from it – respected the principle of proportionality, which limits the exclusive competence of Member States. Finally, this article focuses on the loss of the European citizenship due to Brexit and on the recent case-law of the Court of Justice regarding the freedom of movement and residence of those citizens who are “economically inactive”.
KEYWORDS – EU citizenship – proportionality principle – European Court of Justice – European Union – Brexit – freedom of movement and residence.