Civic Citizenship Reintroduced? The Long-Term Residence Directive as a Postnational Form of Membership

This paper presents how the Long-term Residence Directive has created a status which can be considered as a subsidiary form of EU citizenship. This key revolution has been operated by EU law since this status escapes direct control by Member States which are obliged to grant EU long-term residence and the rights associated with it to third-country nationals fulfilling the conditions in the Directive. This represents a fundamental development and may be distinguished from the acquisition by third-country nationals of national/EU citizenship which constitutes a prerogative of State sovereignty. Indeed, the recent cases by the Court of Justice analysed below confirm this truly postnational form of membership and have profound implications for the relationship between borders, territory and population in the EU.