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A Duty-Free Europe? What's Wrong with Kochenov's Account of EU Citizenship Rights

Bellamy, R; (2015) A Duty-Free Europe? What's Wrong with Kochenov's Account of EU Citizenship Rights. European Law Journal , 21 (4) pp. 558-565. 10.1111/eulj.12142. Green open access

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Abstract

This article disputes the recent argument of Dimitry Kochenov advocating an ‘EU Citizenship without Duties’. His thesis rests on an untenable form of philosophical anarchism that overlooks the role played by our political obligations to state structures in securing rights. At best, his argument suggests a ‘thin’ form of EU citizenship that allows European citizens to choose which of the Member States they wish to become morally obliged to. A ‘thicker’ form of EU level citizenship could only arise by creating civic obligations at the EU level, the position he rejects. To the extent certain Court of Justice judgments in this area reflect parallel reasoning to Kochenov's, they too suffer from a similar failure to appreciate the role of civic duties to particular Member States (or, eventually, the EU) in creating and securing the status of citizens as equal rights bearers.

Type: Article
Title: A Duty-Free Europe? What's Wrong with Kochenov's Account of EU Citizenship Rights
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/eulj.12142
Publisher version: http://dx.doi.org/10.1111/eulj.12142
Language: English
Additional information: This is the peer reviewed version of the following article: Bellamy, R; (2015) A Duty-Free Europe? What's Wrong with Kochenov's Account of EU Citizenship Rights. European Law Journal , 21 (4) pp. 558-565, which has been published in final form at http://dx.doi.org/10.1111/eulj.12142. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. Access may initially be restricted by the publisher.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/1476101
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