Equal Citizenship And Its Limits In Eu Law
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| Author | : Päivi Johanna Neuvonen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 249 |
| Release | : 2016-04-21 |
| Genre | : Law |
| ISBN | : 1782258167 |
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.
| 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 | : Päivi Johanna Neuvonen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 229 |
| Release | : 2016-04-21 |
| Genre | : Law |
| ISBN | : 1782258175 |
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.
| Author | : Stephen Coutts |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 292 |
| Release | : 2019-09-19 |
| Genre | : Law |
| ISBN | : 1509915354 |
Over the past 20 years the European Union has been increasingly active in the area of criminal law. Meanwhile, the status of European Union citizenship has been progressively developed and strengthened. Adopting an expressive and communitarian perspective of the criminal law, this book considers EU criminal law in light of EU citizenship with a view to revealing the structure of the EU's political community as expressed in its criminal law. It argues that while national communities remain dominant, through transnational processes certain features of a supranational community can be said to emerge. The book will be of interest to scholars of EU citizenship, EU criminal law and EU law and integration more generally.
| 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.
| Author | : Frans Pennings |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 281 |
| Release | : 2018-03-30 |
| Genre | : Law |
| ISBN | : 1788112717 |
In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.
| Author | : Agustín José Menéndez |
| Publisher | : Springer |
| Total Pages | : 232 |
| Release | : 2019-08-06 |
| Genre | : Political Science |
| ISBN | : 3030222810 |
This book provides a critique of the way in which European citizenship is imagined and practiced. Setting their analysis in its full historical context, the authors challenge preconceived ideas about European citizenship on the basis of a detailed reconstruction of political, social and economic practice. In particular, they show the extent to which the elimination of formal internal borders within Europe has come hand in glove with the emergence of new socio-economic boundaries and the hardening of external borders. The book concludes with a number of concrete proposals to forge a genuinely post-national form of membership.
| Author | : Martin Steinfeld |
| Publisher | : Cambridge University Press |
| Total Pages | : 413 |
| Release | : 2022-01-06 |
| Genre | : Law |
| ISBN | : 1108490891 |
EU citizenship law is revealed to have been a tragedy thirty years in the making in the era of Brexit.
| Author | : Katarina Hyltén-Cavallius |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 256 |
| Release | : 2020-11-26 |
| Genre | : Law |
| ISBN | : 1509937269 |
This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.
| Author | : Willem Maas |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 228 |
| Release | : 2013-09-05 |
| Genre | : Law |
| ISBN | : 9004243283 |
Democratic states guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees EU citizens and members of their families the right to live and the right to work anywhere within EU territory. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen, but they are not uncontested. Despite citizenship's promise of equality, barriers, incentives, and disincentives to free movement make some citizens more equal than others. This book challenges the normal way of thinking about freedom of movement by identifying the tensions between the formal ideals that governments, laws, and constitutions expound and actual practices, which fall short. "Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences." -- Joseph Carens, University of Toronto.
