Questioning EU Citizenship

Judges and the Limits of Free Movement and Solidarity in the EU
Author: Daniel Thym
Publisher: Bloomsbury Publishing
ISBN: 1509914668
Category: Law
Page: 344
View: 2076

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The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

Limits of European Citizenship

European Integration and Domestic Immigration Policies
Author: Maarten P. Vink
Publisher: Springer
ISBN: 0230514375
Category: Social Science
Page: 222
View: 5458

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Maarten Vink explores change and resilience of citizenship under pressure from European integration. To assess the meaning of national and European citizenship the book analyzes parliamentary immigration debates from the 1990s in the Netherlands. The hesitant penetration of 'Europe' in these domestic debates on issues of asylum, resident status and nationality evidences the continuing relevance of domestic politics for the extension of membership and rights to non-citizens, and demonstrates the unsettled nature of European citizenship.

Creating European Citizens


Author: Willem Maas
Publisher: Rowman & Littlefield
ISBN: 9780742554863
Category: History
Page: 179
View: 4767

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Governments around the world traditionally distinguish insiders from outsiders. Explaining the innovation why states cede their sovereignty and eradicate or redefine the boundaries of the political community by including foreigners, this book analyzes the development of European citizenship and the evolution of supranational rights.

Limits of Citizenship

Migrants and Postnational Membership in Europe
Author: Yasemin Nuhoglu Soysal
Publisher: University of Chicago Press
ISBN: 9780226768427
Category: Political Science
Page: 244
View: 3650

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3. Explaining incorporation regimes

The Outer Limits of European Union Law


Author: Catherine Barnard,Okeoghene Odudu
Publisher: Bloomsbury Publishing
ISBN: 1847317235
Category: Law
Page: 452
View: 6024

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A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

Citizenship of the Union and Freedom of Movement of Persons


Author: Massimo Condinanzi,Allessandra Lang,Bruno Nascimbene
Publisher: BRILL
ISBN: 900416300X
Category: Political Science
Page: 265
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Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new impetus on the realisation of the area of freedom, security and justice. If there is truly to be such an area, there must be unified, not merely coordinated action. Judicial cooperation must be tightened in favour of the Union and, more importantly, individuals, be they Community citizens or indeed nationals of third countries, given the increasing trend towards a kind of integration which focuses less on formal data such as nationality and more on factors such as residence, employment and social integration. The book pays particular attention to this last aspect and its political and legal implications. The "communitarisation" of immigration policy (the new Title IV of the EC Treaty mentioned above) and the perspectives opened up by the enlargement to 27 Member States (and more) and by the Treaty of Lisbon, provide the framework for the treatment given in the present work.

The Limits of Gendered Citizenship

Contexts and Complexities
Author: Jeff Hearn,Elżbieta H. Oleksy,Dorota Golańska
Publisher: Routledge
ISBN: 1136830006
Category: Social Science
Page: 268
View: 2032

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This collection responds to the need to re-evaluate the very important concept of citizenship in light of recent feminist debates. In contrast to the dominant universalizing concepts of citizenship, the volume argues that citizenship should be theorized on many different levels and in reference to diverse public and private contexts and experiences. The book seeks to demonstrate that the concept of citizenship needs to be understood from a gendered intersectional perspective and argues that, though it is often constructed in a universal way, it is not possible to interpret and indeed understand citizenship without situating it within a specific political, legal, cultural, social, and historical context.

Reverse Discrimination in EC Law


Author: Alina Tryfonidou
Publisher: Kluwer Law International B.V.
ISBN: 9041127518
Category: Law
Page: 271
View: 5958

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Discrimination is an incongruity in the contemporary EC. Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whether reverse discrimination is - and should remain - outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law. A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation. This is a ground-breaking study in an area of European law that has received scant academic attention so far and is just beginning to be explored. In it, scholars, policymakers and practitioners will discover a firm foundation from which to pursue and ultimately define the limits of reverse discrimination in EC law.

A Constitutional Order of States?

Essays in EU Law in Honour of Alan Dashwood
Author: Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa
Publisher: Bloomsbury Publishing
ISBN: 1847316360
Category: Law
Page: 688
View: 9400

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This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

Enacting European Citizenship


Author: Engin F. Isin,Michael Saward
Publisher: Cambridge University Press
ISBN: 1107067812
Category: Political Science
Page: N.A
View: 6822

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What does it mean to be a European citizen? The rapidly changing politics of citizenship in the face of migration, diversity, heightened concerns about security and financial and economic crises, has left European citizenship as one of the major political and social challenges to European integration. Enacting European Citizenship develops a distinctive perspective on European citizenship and its impact on European integration by focusing on 'acts' of European citizenship. The authors examine a broad range of cases - including those of the Roma, Sinti, Kurds, sex workers, youth and other 'minorities' or marginalised peoples - to illuminate the ways in which the institutions and practices of European citizenship can hinder as well as enable claims for justice, rights and equality. This book draws the key themes together to explore what the limitations and possibilities of European citizenship might be.

Migration and Citizenship Attribution

Politics and Policies in Western Europe
Author: Maarten Peter Vink
Publisher: Routledge
ISBN: 1135699356
Category: Political Science
Page: 168
View: 5710

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How do states in Western Europe deal with the challenges of migration for citizenship? The legal relationship between a person and a state is becoming increasingly blurred in our mobile, transnational world. This volume deals with the membership dimension of citizenship, specifically the formal rules that states use to attribute citizenship. These nationally-specific rules determine how and under what conditions citizenship is attributed by states to individuals: how one can acquire formal citizenship status, but also how this status can be lost. Migration and Citizenship Attribution observes various trends in citizenship policies since the early 1980s, analysing historical patterns and recent changes across Western Europe as well as examining specific developments in individual countries. Authors explore the equal treatment of women and men with regard to descent-based citizenship attribution, along with the process of convergence between countries with ‘ius soli’ and ‘ius sanguinis’ traditions with regard to birthright provisions. They consider how the increasing acceptance of multiple citizenship is reflected in a dual trend to abolish, or at least to moderate, the renunciation of the citizenship of origin as a condition for naturalisation, and also to restrict provisions of loss of citizenship due to voluntary acquisition of a foreign citizenship. Another trend observed and discussed is the introduction by many countries of language tests and integration conditions in the naturalisation procedure, with some countries now concluding the naturalisation process by means of a US-styled citizenship ceremony. Contributors also explore the various things taken into account under state citizenship laws such as statelessness, or membership of the European Union. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

Constitutionalization of European Private Law

XXII/2
Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Category: Law
Page: 320
View: 4099

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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

The Politics of European Citizenship

Deepening Contradictions in Social Rights and Migration Policy
Author: Peo Hansen,Sandy Brian Hager
Publisher: Berghahn Books
ISBN: 1845459911
Category: Political Science
Page: 250
View: 8127

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As the European Union faces the ongoing challenges of legitimacy, identity, and social cohesion, an understanding of the social purpose and direction of EU citizenship becomes increasingly vital. This book is the first of its kind to map the development of EU citizenship and its relation to various localities of EU governance. From a critical political economy perspective, the authors argue for an integrated analysis of EU citizenship, one that considers the interrelated processes of migration, economic transformation, and social change and the challenges they present.

A Threat Against Europe?

Security, Migration and Integration
Author: J. Peter Burgess,Serge Gutwirth
Publisher: ASP / VUBPRESS / UPA
ISBN: 9054879297
Category: History
Page: 215
View: 3923

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The concept of security has traditionally referred to the status of sovereign states in a closed international system. In this system the state is assumed to be both the object of security and the primary provider of security. Threats to the state's security are understood as threats to its political autonomy in the system. The major international institutions that emerged after the Second World War were built around this idea. When the founders of the United Nations spoke of collective security, they were referring primarily to state security and to the coordinated system that would be necessary in order to avoid the 'scourge of war'. But today, a wide range of security threats, both new and traditional, confront Europe, or at least as some would say.

Unionsbürger

Europas föderales Bürgerrecht in vergleichender Sicht
Author: Christoph Schönberger
Publisher: Mohr Siebeck
ISBN: 9783161488375
Category: Law
Page: 597
View: 1041

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English summary: Christoph Schonberger analyzes European citizenship as federal citizenship. He compares the situation in the European Union with the development and structure of federal citizenship in the United States, Switzerland and Germany. In doing so, he develops a general pattern of analysis for nested citizenships in federal systems. The nested citizenship of the European Union shows interesting parallels with citizenship in the United States before the Civil War, German citizenship before 1934 and the still valid Swiss citizenship law since 1848/1874. The study avoids a negative comparison of Union citizenship with the nationality of today's national states; by the same token, it shows that theories of 'post-national membership' do not offer convincing descriptions of the meaning and content of European citizenship. German description: Die europaische Burgerschaft bereitet der rechtswissenschaftlichen Analyse wie der politischen Theorie gleichermassen Kopfzerbrechen. Die eingefuhrten Kategorien wie Staatsangehorigkeit und Staatsburgerschaft sind auf den Staat bezogen. Verbreitet ist deshalb der negative Abgleich zwischen Unionsburgerschaft und Staatsangehorigkeit. Er fuhrt aber kaum uber das tautologische Ergebnis hinaus, die Unionsburgerschaft sei keine Staatsangehorigkeit, weil die Union kein Staat sei. Gegenstuck dazu ist eine Deutung der Unionsburgerschaft als menschenrechtlich-universeller Status ( post-national membership ). Beide Perspektiven sind negativ staatsfixiert und foderalismusblind. Die europarechtliche Sonderterminologie fuhrt hier ebenfalls nicht weiter, sondern verharrt bei aussagearmen sui-generis-Formeln. Christoph Schonberger bietet einen Ausweg aus dieser Sackgasse der Diskussion. Er analysiert die Unionsburgerschaft im Lichte foderaler Erfahrung und nutzt hierfur die Rechtsvergleichung mit Entstehung und Struktur der Bundesangehorigkeit in den Vereinigten Staaten, der Schweiz und Deutschland. Unterschiedliche Rechtspositionen der Unionsburger wie etwa Aufenthalts-, Wahl- und soziale Rechte in den anderen Mitgliedstaaten, ihr diplomatischer Schutz oder das Wahlrecht zum Europaischen Parlament werden in einen systematischen foderativen Kontext eingeordnet. Die doppelte Zugehorigkeit des Unionsburgers zu Mitgliedstaat und Union, so zeigt sich dabei, ist keineswegs ein Sonderphanomen der europaischen Integration; sie kennzeichnet vielmehr die fragile Normalitat eines jeden Bundes.

Equal Citizenship and Its Limits in EU Law

We The Burden?
Author: Päivi Johanna Neuvonen
Publisher: Bloomsbury Publishing
ISBN: 1782258175
Category: Law
Page: 232
View: 1419

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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.

The Dialectics of Citizenship

Exploring Privilege, Exclusion, and Racialization
Author: Bernd Reiter
Publisher: MSU Press
ISBN: 1628951621
Category: Social Science
Page: N.A
View: 6545

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What does it mean to be a citizen? What impact does an active democracy have on its citizenry and why does it fail or succeed in fulfilling its promises? Most modern democracies seem unable to deliver the goods that citizens expect; many politicians seem to have given up on representing the wants and needs of those who elected them and are keener on representing themselves and their financial backers. What will it take to bring democracy back to its original promise of rule by the people? Bernd Reiter’s timely analysis reaches back to ancient Greece and the Roman Republic in search of answers. It examines the European medieval city republics, revolutionary France, and contemporary Brazil, Portugal, and Colombia. Through an innovative exploration of country cases, this study demonstrates that those who stand to lose something from true democracy tend to oppose it, making the genealogy of citizenship concurrent with that of exclusion. More often than not, exclusion leads to racialization, stigmatizing the excluded to justify their non-membership. Each case allows for different insights into the process of how citizenship is upheld and challenged. Together, the cases reveal how exclusive rights are constituted by contrasting members to non-members who in that very process become racialized others. The book provides an opportunity to understand the dynamics that weaken democracy so that they can be successfully addressed and overcome in the future.

Social Work and Minorities

European Perspectives
Author: R.D. Johnson Mark,Haluk Soydan,Charlotte Williams
Publisher: Routledge
ISBN: 1134700741
Category: Medical
Page: 304
View: 7952

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Social Work and Minorities examines the new challenges presented to Social Workers throughout Europe by the complex problems occasioned by increased migration and settlement and the growing awareness of the specific needs of refugees and asylum seekers. Contributors use illustrative examples from throughout Europe to examine key concepts such as: globalization, assimilation, visibility, multi-culturalism, racism, marginalization and social exclusion. Social Work and Minorities will be an essential resource for social work students, practitioners and educators working with migrant communities throughout Europe.

Migrants at Work

Immigration and Vulnerability in Labour Law
Author: Cathryn Costello,Mark Freedland
Publisher: OUP Oxford
ISBN: 0191023523
Category: Law
Page: 414
View: 3894

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There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.