Toothless European Citizenship / Šimon Uradnik

whether the Member State’s nationality is acquired on the basis of ius soli , ius sanguinis , ius doni or of any other ius , citizenship of the Union is always acquired derivatively through ius tractum . In the second section, it is proceeded to the assessment of the legal relationship of Union citizenship from the perspective of the postulates of the normative legal theory, primarily from the point of view of H. Kelsen, and V. Knapp with A. Gerloch. The issues examined are the emergence, the sole existence, and the termination of Union citizenship and which of these may be considered autonomous. Chapter 4 is the other which examines the element of the directness; thus, whether it is bearable to claim that the legal character of the content, rights of Union citizenship is of the nonvicarious character. In the first section, the author focuses on the question of whether rights can accrue to individuals from any entity distinct from the ‘nation-state’ regardless of vicariousness or nonvicariousness. And in the second section, the attention is paid solely to political rights granted to Union citizens, and to what extent it is imaginable to assume them nonvicarious. Regarding the methodology, Chapter 3 and Chapter 4 examine the matter at issue de lege lata on the basis of the postulates of the normative legal theory in the case of the former, and by virtue of the normative approach to the rights of Union citizens in the case of the latter. Last but not least stands Conclusion, where the reader may find the answer to the central research question and the outcomes which derive from that.

9

Made with FlippingBook Digital Publishing Software