EU citizenship: Still a Fundamental Status?
17
majorities, and what might be the legitimate role of a Dutch court to set in
train a series of events that might lead to a legally legitimate decision of the
UK electorate being constrained in its effects?
The stage could be set, therefore, for a constitutional confrontation of the
highest order before the CJEU, where the limits of the CJEU’s capacity for
judicial activism (or, as some might have it, legitimate protection of constitutional constraints on oppressive state action) will be tested. EU citizenship
may remain very different to national citizenship, but it is possible that it has
already acquired enough of its own distinctive ‘sticky’ qualities that it will
come to haunt the Brexit negotiations in unexpected ways.
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