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R. Bellamy
be a considered one that involves a commitment to the long term interests of
the polity if voters are not to engage in rent seeking or free-riding behaviour
of a kind that would undermine rights.
In remarking that ‘Union citizenship is destined to be the fundamental
status of nationals of the member states’ the CJEU has made it sound as
if this new legal status represents the ‘right of rights’, and at least one
contributor to this debate – Dimity Kochenov – has read it in this way. But
this judicial hyperbole ignores the extent to which these very rights rest on
the underlying obligations that follow from the exercise of democratic
citizenship within the member states. As such, national citizenship necessarily
continues to provide the fundamental status of Union citizens. However, as
the Court’s rhetorical formula continues, Union citizenship does have a key
role in ‘enabling those who find themselves in the same situation to enjoy
the same treatment in law irrespective of their nationality, subject to the
exceptions as are expressly provided for.’ What I have suggested above is
that the ‘same treatment’ must respect reciprocity between citizens within
and between the member states, and that the proposed limits on access to
and the exercise of national voting rights are among those exceptions that
should be ‘expressly provided for’ within a political organisation committed
to the ‘ever closer Union of (democratic) peoples’. As such, the Initiative
raises a key issue but proposes a misguided solution, at odds with the very
nature of the EU.
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were made.
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