Kochenov, Dimitry (2009) The meaning of 'nationality' in Article 12 EC; a plea for a more inclusive reading. In: UNSPECIFIED. (Unpublished)
Abstract
The change in the legal status of third country nationals who are long term EU residents in Community law coupled with the growing powers of the Community in the field of immigration beg for a fundamental reinterpretation of Article 12 EC. The narrow reading of the term ‘nationality’ in Article 12 EC limiting it to the nationalities of the Member States for the purposes of Community law seems to be impermissible given the growing number of third country nationals falling within the scope of Community law to whom the article should potentially apply. Given that Directive 2003/109/EC does not outlaw nationality discrimination the non-application of Article 12 EC to non community nationalities looks particularly unjust. It will take reason, determination and will of the European Court of Justice to solve this problem.
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