tag:blogger.com,1999:blog-8704899696538705849.post799458688760316041..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: CJEU case law on EU citizenship: normatively consistent? Unlikely! - A response to Davies’ ‘Has the Court changed, or have the cases?’Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8704899696538705849.post-48260514671061252562018-11-14T01:35:30.102-08:002018-11-14T01:35:30.102-08:00I agree with you. Looking at previous case law the...I agree with you. Looking at previous case law the outcome in Dano was predictable. The problem is that the reasoning used puts in doubt the whole spectrum that (to my mind at least) existed between the Dano's and Sala's (and even Sala herself given that she did not reside in Germany on the basis of EU law). So all in all it would seem to me a significant departure that cannot be explained simply on the basis of the characteristics of the litigant...<br />Alexander Hoogenboomhttps://twitter.com/DrHoogenboomnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-9054795824164098502018-11-13T12:54:50.689-08:002018-11-13T12:54:50.689-08:00I think my original post got lost in cyberspace - ...I think my original post got lost in cyberspace - if not apologies for repetition.<br />Anyway, I agree with you although I have not read Davies' piece so cannot comment on that. I would add that in my opinion the Court has also an emotional response to different claimants (sort of unconscious bias) see Ruiz Zambrano versus Dereci, and obviously the reasoning in Dano. Also if Dano had been decided according to previous case law the end result would have been the same (she would have failed on proportionality), but instead we see a departure from using the Treaty as a supplementary tool. One might say that this is justified having regard to the Directive 2004/38 and the reference in the Treaty to limits and conditions - but it is a considerable departure from the Baumbast approach. The question is of course how far that interpretation stretches. Eleanor Spaventahttp://didattica.unibocconi.it/docenti/cv.php?rif=214751noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-215492177588891022018-11-13T04:59:29.550-08:002018-11-13T04:59:29.550-08:00Decisions of the Court remind me of random walk .....Decisions of the Court remind me of random walk ...Anonymoushttps://www.blogger.com/profile/17440074588763796208noreply@blogger.com