Notes

  • 1. OJ L 29, 1 February 1985.
  • 2. See also Status of Greenland: Commission opinion, COM (83) 66 final, 2 February 1983.
  • 3. Quote from House of Commons 2013, at 15.
  • 4. See Mindus 2014, third chapter on definitions in legal science.
  • 5. Case C-184/99 Rudy Grzelczyk v. Centre public d'aide sociale d'Ottignies- Louvain-la-neuve (2001) ECR I-6193, § 31. But also Case C-224/98 D'Hoop [2002] ECR I-6191 § 28; Case C-148/02 Avello [2003] ECR I-1161 § 22; Case C-403/03 Schempp [2005] ECRI-6421 § 15.
  • 6. On the evolution of the two major frameworks for assessing European integration, see de Burca 2012, esp. at 126 ff.
  • 7. The literature on mutual recognition is growing: see Lenaerts 2015; Janssens 2013; Mostl 2010; Schmidt 2008; Nicolaidis 2007; Padoa Schioppa 2005.
  • 8. Middle-terms are neither true nor false. They are to be retained if they make a consistent connection between premises and conclusions. They are to be rejected otherwise.
  • 9. The formula was coined by the US Supreme Court in Trop v. Dulles, 356 U.S. 86, 101 (1958), at 355.
  • 10. Aristotle combines quantitative and qualitative criteria in his theory on forms of government. The two criteria are: number of citizens sharing political power and whether power is exercised in the interest of the power-holder. See Mindus 2014, Chapter 2.
  • 11. In what follows I shall express the relation between intension (Domain) and extension (Codomain) in mathematical terms borrowed from naive set theory: see Halmos 1960.
  • 12. Declaration on the citizenship of the Union to be associated to the Danish Act of Ratification [1992] OJ C348/1.
  • 13. For example, Kaur (16 Case C-192/99 The Queen v Secretary of State for the Home Department, ex parte: Manjit Kaur [2001] ECRI-01237), a case involving a third country national who was recognised by the UK as citizen of the UK and Colonies but did not fall within the personal scope of rules relating to citizens entitled to reside in the UK, she could not rely on her Union citizenship. The European Court of Justice held that Kaur never had been a European citizen so rights never arose in the first place.
  • 14. For example, the case of East Africans Asians in the UK. See Lester 2003.
  • 15. Protocol n. 2 to the Act of Accession, relating to the Far0 Islands, art. 4, 1972 (OJL 73 163).
  • 16. There is a degree of imprecision in this since citizenship constitutes a surjective function: every ground for loss (or point in the codomain) is the value of f(d) for at least one point d in the domain (or entitlement connected to the status). But adjustments are done at a later stage: in reflexive equilibrium between what we know about the contents of citizenship respective of what we know about the criteria for acquisition and loss.
 
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