Akrich: A Clear Delimitation without Limits
| Date | 01 September 2005 |
| DOI | 10.1177/1023263X0501200303 |
| Published date | 01 September 2005 |
| Author | Christophe Schiltz |
| Subject Matter | Article |
AKRICH:
A CLEAR DELIMITATION
WITHOUT LIMITS
CHRISTOPHE SCHILTZ*
ABSTRACT
In Akrich, the Court operated a clear delimitation of competences between Member State
and Community level while at the same time protecting the fundamental rights of Union
citizens, even in the absence of a deterrence to the exercise of their free movement rights. It is
argued that it thereby contributes to the strengthening of Union citizenship rights. The article
analyzes the relationship of the decision with existing case law, its impact on the fundamental
rights protection in the Union and on reverse discrimination, as well as the implications for
Member State competences. In conclusion, it will be argued that Akrich should be seen as a
welcome development in the field of citizenship. It is however tainted by legal uncertainty
surrounding its scope, which will have to be lifted in order for the decision to be an effective
tool in the citizenship box.
§ 1. INTRODUCTION
Immigration has traditionally come within the remit of the competences of the Member
States, which have adopted national rules to deal with the challenges arising in this field.
1
Community law does not grant a right to third country nationals to enter a Member
State’s territory but only regulates movement between the Member States as part of the
Treaty’s free movement rights which the Member States have to respect and can only
derogate from under strict conditions.
2
12 MJ 3 (2005) 241
* LL.M. (Cantab), MA (College of Europe, Bruges). Luxembourg Permanent Representation to the EU,
Brussels. Many thanks to Eleanor Spaventa for her helpful advice.
1
Although the Treaty of Amsterdam introduced the possibility, in Article 63(3) TEC, for the Community
to adopt legislation in the field of immigration, no comprehensive framework has been established to
this day.
2
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