Toothless European Citizenship / Šimon Uradnik

utilised or interpreted rather cursorily and without further assessment; the exact opposite is the objective of this subchapter. 2.2.1 Theory of Direct Bond The author develops a theory of the direct bond on the basis of the alreadymentioned judgement of the International Court of Justice in Case Nottebohm, specifically on the rule of real and effective nationality. 150, 151 According to that, as was abovementioned, real and effective nationality is composed of two essences: a ‘genuine connection of existence, interests and sentiments’, and ‘reciprocal rights and duties’. 152, 153 The former has already been examined as the genuine link — the factual relation in the previous subchapter, and its presence has not been found, whereas the latter as the legal relation is the subject at issue in this chapter. Nonetheless and moreover, from the author’s perspective, reciprocal rights and duties are only a component of a broader essence, namely, the aforementioned direct bond. Therefore, the framework for real and effective nationality is as follows: comprising two elements — the genuine link and the direct bond, which subsequently consists of two complements — the form and the content. 154 This approach corresponds to the well-established legal doctrine according to which citizenship is composed of the status 155 on the one hand and of rights 156 on the other. ‘ Scala Civium : Citizenship Templates Post-Brexit and the European Union‘s Duty to Protect EU Citizens’ (2018) 56/4 Journal of Common Market Studies 865 accessed 15 th April. 150 Nottebohm Case (Liechtenstein v Guatemala) (second phase) [1955] ICJ Rep 4, 23. 151 ‘Figure IV. − Real and effective nationality according to the author’ could also be likened to the L. Bosniak’s schema on how to understand and assess (generally) citizenship as ‘one concerned with citizenship as legal status [the form]; another, with citizenship as rights [the content]; a third, with citizenship as political activity [shared political interests]; and the last, with citizenship as a form of collective identity and sentiment [mutual attachment]’, [glosses of the author added]. To that effect, see Linda Bosniak, ‘Citizenship Denationalized’ (2000) 7/2 Indiana Journal of Global Legal Studies 455 accessed 15 th April 2023. 152 Ibid. 153 See Figure III. − Real and effective nationality as said by International Court of Justice below. 154 See Figure IV. − Real and effective nationality according to the author below. 155 See Linda Bosniak, ‘Citizenship Denationalized’ (2000) 7/2 Indiana Journal of Global Legal Studies 456463. 156 See ibid 463-470. In addition, according to D. Kochenov, the focal point of the citizenship studies has been mainly on the rights complement since the T. H. Marshall’s essay Citizenship and Social Class (1949); to that effect, see Dimitry Kochenov, ‘Ius

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