Akrich: A Clear Delimitation without Limits

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.