ABSTRACT

Some fifteen years ago, EU citizenship was rightly portrayed as an ‘evolving concept’ (O'Leary 1996; cf. Jessurun d'Oliveira 1995). Since its official introduction at the entry into force of the Maastricht Treaty in 1993, this intriguing legal notion has remained in a situation of quasi-permanent flux. Due to progressive case law of the European Court of Justice (ECJ), the ambit of the relevant provisions has been gradually widening. To a considerable extent, the judicial developments received political backing in the general free movement directive adopted in 2004 by the European Parliament and the Council. 2 Yet, it is unclear whether any further expansion can be expected in the time to come. In the eyes of many observers, the recent entry into force of the Treaty of Lisbon has led to trivial amendments only. Moreover, the EU institutions nowadays seem to be focusing on a piecemeal approach rather than broad-ranging initiatives (cf. European Commission 2010). Simultaneously, when glancing over the latest case law of the ECJ, one may notice faint indications of judicial retreat, which convey the impression that the once-great momentum has passed.