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Question: I regard the Court’s description of citizenship of the Union in Gryzelczyk as being potentially of similar significance to its seminal statement in Van Gend en Loos that ‘the Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights … and the subjects of which comprise not only Member States but also their nationals.
It is interesting that you view the Court's description of citizenship of the Union in Gryzelczyk as potentially of similar significance to its statement in Van Gend en Loos. Both of these cases hold substantial importance in shaping the nature of the European Union (EU) as a unique legal order and in defining the status and rights of individuals within it. In Van Gend en Loos, the European Court of Justice (ECJ) established the concept of direct effect, where certain provisions of EU law can be invoked by individuals before their national courts. This decision reinforced the idea that the EU is not just an intergovernmental organization but also involves individual citizens, granting them rights and imposing obligations on Member States. It marked a shift in the relationship between EU law and national law, recognizing the EU as a distinct legal order that impacts citizens directly. In Gryzelczyk, the ECJ expanded on the notion of EU citizenship and emphasized the significance and protection of EU citizens' rights. The Court acknowledged that EU citizenship is intended to be the "fundamental status" of nationals of the EU Member States. This case also highlighted the principle of non-discrimination on the basis of nationality as an essential element of EU citizenship. While both cases deal with different aspects of EU law, they share a common theme: the recognition of EU legal order's unique nature and the emphasis on individuals' status and rights within this legal framework. As you have rightly pointed out, the Gryzelczyk case may be seen as a progression from Van Gend en Loos, further solidifying the importance of the individual citizen in the context of the European Union. It continues to build on the assertion that the EU is a legal system distinct from traditional international law concepts, and that the relationship between the Union and the individuals is crucial in shaping the rights and obligations of both parties under EU law.
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