Toothless European Citizenship / Šimon Uradnik

UBI UNIO IBI CIVIS UBI CIVIS IBI UNIO

Since this monograph is predominantly dedicated to an individual and his or her position, the relevance of the ascending character, the second clause part, is omitted upon research yet to be written, supposably assessing the legitimacy of the European Union per se . Wherefore, the autonomous form and the nonvicarious content are exclusively hereinafter referred to as the form-status and the content-rights to emphasise this distinction. As the theory of the direct bond has been presented, it is further necessary to examine whether the direct bond is the essence of citizenship of the Union. That is further examined on the basis of two questions — whether the form-status of Union citizenship may be considered autonomous, and whether the content-rights of Union citizenship may be considered nonvicarious. If the presence of the direct bond in Union citizenship is found, the author is of the opinion that such a legal relation, the essence of which is the direct bond, cannot be terminated by any legal subject other than the European Union or a Union citizen. Ergo, if the legal relationship of Union citizenship is of the quality of the autonomous form-status and the nonvicarious content-rights, such legal relation as the direct bond could not be severed by any action of a Member State. To conclude this chapter; to resolve the question of whether the factual relation as the genuine link is the essence of Union citizenship, or whether it is the legal relation as the direct bond between a citizen of the Union and the European Union — the author finds up to this point only the answer to the former; hence, it is not the factual relation. Albeit Union citizenship cannot be considered real and effective nationality yet, due to the absence of the genuine link essence and its complements, 164 the other essence — the direct bond — shall not be affected by that. The assessment of that is further executed in the following chapters, where the reader may find the answer to whether it is the direct bond which is the essence of Union citizenship, moreover, which protects a citizen of the Union from deprivation of his or her Union citizenship by a Member State. which means that where there is garlic — there is Rome, where there is Rome — there is garlic. In this monograph’s usage, it indicates the descending character, that where there is the Union, there is a citizen — the Union is one who creates a citizen; but also the opposite approach, the ascending character, where there is a citizen, there is the Union — it is a citizen who creates the Union. 164 See Figure IV. − Real and effective nationality according to the author above.

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