Frontiers Of Equality In The Development Of Eu And Us Citizenship
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| Author | : Jeremy B. Bierbach |
| Publisher | : Springer |
| Total Pages | : 477 |
| Release | : 2017-02-09 |
| Genre | : Law |
| ISBN | : 9462651655 |
This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.
| Author | : Jurgen de Poorter |
| Publisher | : Springer Nature |
| Total Pages | : 236 |
| Release | : 2023-07-25 |
| Genre | : Law |
| ISBN | : 9462655952 |
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.
| Author | : Richard Bellamy |
| Publisher | : Routledge |
| Total Pages | : 335 |
| Release | : 2018-12-07 |
| Genre | : Political Science |
| ISBN | : 1351268546 |
European Union boundaries have always been unusual. In no other political community is both the prospect of enlargement and the ever-present possibility of withdrawal part of the constitutional framework. We find few other instances where some territories in a political community adopt a common currency while others do not. Examples of thick association agreements, such as we find between the EU and third countries like Switzerland and Norway, are uncommon. Over the last number of years, EU boundaries have been challenged like never before. Brexit poses a fundamental threat to the EU’s territorial integrity and the rights of EU citizens to cross what have been regarded as open borders; the refugee crisis and the increase of terrorism both call into question the EU’s ability to justly and effectively manage its external borders; the rise of populism is a direct challenge to internal free movement as the demand to reassert national borders becomes formidable; while the aftermath of the euro-crisis continues to put Monetary Union in doubt. By distinguishing between three categories of boundary change – boundary-making, boundary-crossing and boundary-unbundling – the authors in this volume attempt to shed light on the sustainability and legitimacy of Europe’s boundaries in question. The chapters originally published as a special issue in the Journal of European Integration.
| Author | : Dimitry Kochenov |
| Publisher | : Cambridge University Press |
| Total Pages | : 869 |
| Release | : 2017-04-13 |
| Genre | : Law |
| ISBN | : 1108146112 |
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
| Author | : Apostolos Andrikopoulos |
| Publisher | : University of Chicago Press |
| Total Pages | : 210 |
| Release | : 2023 |
| Genre | : Africans |
| ISBN | : 0226822621 |
"Argonauts of West Africa examines the paradoxes of kinship in the lives of unauthorized African migrants as they struggle for mobility, employment, and citizenship in Europe. In a rapidly changing and highly precarious context, migrants turn to kinship in search of security, stability, and predictability. Through the exchange of identity documents, assistance in obtaining such documentation, marriage, or cohabitation, new kinship dynamics are continually made and remade to navigate the shifting demands of European states. These new kinship relations, however, often prove unreliable, taking on new, unexpected dynamics in the face of codependency; they become more difficult to control than those who entered into such relations could have imagined. Through unusually close ethnographic work in West African migrant communities in Amsterdam, Apostolos Andrikopoulos reveals unseen dynamics of "siblinghood" through shared papers, the tensions of race and gender that develop in mutually beneficial marriages, and the vast, informal networks of people, information, and documentation on which migrants rely. Throughout, Andrikopoulos demonstrates how inequality, exclusionary practices, and the changing policies of an often-violent state demand new forms of kinship to successfully navigate complex migration routes"--
| Author | : Brian Smith |
| Publisher | : Taylor & Francis |
| Total Pages | : 200 |
| Release | : 2020-12-28 |
| Genre | : Political Science |
| ISBN | : 1000328368 |
This book examines John Locke as a theorist of migration, immigration, and the movement of peoples. It outlines the contours of the public discourse surrounding migration in the seventeenth century and situates Locke’s in-depth involvement in these debates. The volume presents a variety of undercurrents in Locke’s writing — his ideas on populationism, naturalization, colonization and the right to withdrawal, the plight of refugees, and territorial rights — which have great import in present-day debates about migration. Departing from the popular extant literature that sees Locke advocating for a strong right to exclude foreigners, the author proposes a Lockean theory of immigration that recognizes the fundamental right to emigrate, thus catering to an age wrought with terrorism, xenophobia and economic inequality. A unique and compelling contribution, the volume will be of great interest to scholars and researchers of political theory, political philosophy, history of international politics, international relations, international political economy, public policy, seventeenth century English history, migration and citizenship studies, and moral philosophy.
| Author | : R. Eljalill Tauschinsky |
| Publisher | : Springer Nature |
| Total Pages | : 241 |
| Release | : 2019-11-10 |
| Genre | : Law |
| ISBN | : 3030263002 |
This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission’s powers to adopt these important acts relates to subjects’ democratic rights. Accordingly, the book explores the question of how the Commission’s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.
| Author | : Venter, Francois |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 288 |
| Release | : 2022-03-04 |
| Genre | : Law |
| ISBN | : 1800882580 |
In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.
| Author | : Ziegler, Katja S. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 656 |
| Release | : 2022-04-22 |
| Genre | : Political Science |
| ISBN | : 1784712388 |
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
| Author | : Rainer Bauböck |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2018-09-24 |
| Genre | : Political Science |
| ISBN | : 9783319899046 |
This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.
