El Real Decreto 240/2007: en particular, el elemento de la transnacionalidad y los nacionales de terceros Estados asimilados
The citizenship of the Union, cornerstone for the construction of the political Union, has had since its inception and almost after twenty years the same status quo. In spite of this statement, we can assert that this status has undergone substantial changes which had penetrated by way of caselaw. T...
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| Format: | Article |
| Language: | Spanish |
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Centro de Estudios Políticos y Constitucionales
2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4002078 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 32, Nº 95, 2012, pags. 171-201 |
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| Summary: |
The citizenship of the Union, cornerstone for the construction of the political Union, has had since its inception and almost after twenty years the same status quo. In spite of this statement, we can assert that this status has undergone substantial changes which had penetrated by way of caselaw. The Supreme Court �s ruling of June 1st, 2010 and the judgments issued by the European Court of Justice of the European Union in case Rottman, 2010 and cases Ruiz Zambrano, McCarthy or Dereci and others, alls from 2011, are fair proof of it. This present work analyzes from the point of view of the aforementioned caselaw and taking as a basis the Real-Decree 240/2007 modified by the Real-Decree 1710/2011, the changes operated maily on the scope of the personal application of the free movement and residence inherent to this catergory of European citizenship. These changes require to reflect on the transnationality element or on the scope of the State powers in the field of nationality when the abovementioned status comes to play |
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