ABSTRACT

This chapter focuses on paradigm of control around the movement of Union citizens for whom European citizenship operates as a mechanism reinforcing the ceasing of control over labour migration by state authorities. By analysing the case law of the European Court of Justice (CJEU) on issues relating to the nationality of the Member States it is suggested that the EU project requires the rethinking of state sovereignty and control narratives. The European Union started its existence as a primarily economic community based on a set of fundamental freedoms that included, albeit in a rather primitive manner, free movement of persons. The chapter explores the interest only in the manner in which fundamental rights protected as general principles of Community law can enhance the protection against denationalization for Union citizens. It focuses on function of Member State nationality in the EU context, not least as regards the right to labour migration which the state is prohibited from trying to control.