Making Community Law

Making Community Law

The Legacy of Advocate General Jacobs at the European Court of Justice

Edited by Philip Moser and Katrine Sawyer

The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis’s predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis’s opinions.

Chapter 7: Citizenship of the Union

Eleanor Sharpston

Subjects: law - academic, european law


Eleanor Sharpston1 It was, of course, Advocate General Jacobs in Case C-168/91 Konstantinidis [1993] ECR I-1191 who first coined the phrase, ‘civis Europeus’, when he declared: A Community national who goes to another Member State . . . is entitled not just to pursue his trade or profession and to enjoy the same living and working conditions as nationals of the host state: he is in addition entitled to assume that . . . he will be treated in accordance with a common code of fundamental values, in particular those laid down in the European Convention on Human Rights. In other words, he is entitled to say, ‘civis Europeus sum’ and to invoke that status in order to oppose any violation of his fundamental rights.2 Advocate General Jacobs, a civilized and well-read man, possibly had somewhere in mind the passage from Acts 22:25–30 where St Paul, about to have something nasty (like a flogging) happen to him in Jerusalem, pointed out that he was a Roman citizen; and was immediately set free. I add, in parentheses, that that particular episode did not, in the end, turn out to St Paul’s advantage;3 and that it shows that the exercise of citizenship rights is not always necessarily crowned with success. Curiously, for so prolific and wide-ranging an Advocate General, Francis has given relatively few opinions in this area of EC law. Others – most notably Advocate General Geelhoed4 – have drawn upon themselves the obloquy and Advocate General of the Court of Justice of the European Communities...

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