Citizenship of the Union and Freedom of Movement of Persons

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Publisher : BRILL
ISBN 13 : 900416300X
Total Pages : 281 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Citizenship of the Union and Freedom of Movement of Persons by : Massimo Condinanzi

Download or read book Citizenship of the Union and Freedom of Movement of Persons written by Massimo Condinanzi and published by BRILL. This book was released on 2008 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Citizenship Rights and Freedom of Movement in the European Union

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146644
Total Pages : 256 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Citizenship Rights and Freedom of Movement in the European Union by : Francesco Rossi dal Pozzo

Download or read book Citizenship Rights and Freedom of Movement in the European Union written by Francesco Rossi dal Pozzo and published by Kluwer Law International B.V.. This book was released on 2013-07-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is extensive and reaches into many areas of practice at every level. Prompted by the declaration of 2013 as the ‘Year of Citizens’, the author of this book offers a detailed analysis of the rationales underlying the development of the EU citizenship concept, the directives and regulations that define citizen status, and the cases that have so far worked to clarify the meaning and limits of such status, all with particular attention to the obstacles that still come between the actual exercise of rights in everyday life. The multifarious issues raised include the following: the Charter of Fundamental Rights and the EU citizen’s status; changes introduced by the Treaty of Lisbon; limitations on Member States with regard to granting and revoking nationality; participation of EU citizens in the decision making processes governing the EU; right to recourse to the European Ombudsman; right of access to documents; registration at a host Member State’s competent public offices; limitations of entry due to reasons of public policy, public security, and public health; procedural safeguards in the case of measures limiting freedom of movement; the condition of migrant workers; restrictions to freedom of movement for ‘employment in the public sector’; and the condition of family members of EU citizens. An appendix gathers legislative documents most often cited in the case law. Closely examining the various institutions concerned, case law (Member State as well as Court of Justice), and legislative innovations, the author concentrates on identifying and overcoming those obstacles that still prevent full enjoyment of EU citizenship rights. While the clear demarcation of issues will be of especial practical value in anti-discrimination cases, legal academics and jurists will appreciate the book’s signal new contribution to a classic theme of the European Union.

Democratic Citizenship and the Free Movement of People

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004243283
Total Pages : 228 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Democratic Citizenship and the Free Movement of People by : Willem Maas

Download or read book Democratic Citizenship and the Free Movement of People written by Willem Maas and published by Martinus Nijhoff Publishers. This book was released on 2013-09-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Citizenship at the Edges of Freedom of Movement

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937269
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Citizenship at the Edges of Freedom of Movement by : Katarina Hyltén-Cavallius

Download or read book EU Citizenship at the Edges of Freedom of Movement written by Katarina Hyltén-Cavallius and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Evolving Concept of Community Citizenship:From the Free Movement of Persons to Union Citizenship

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Evolving Concept of Community Citizenship:From the Free Movement of Persons to Union Citizenship by : Siofra O'Leary

Download or read book The Evolving Concept of Community Citizenship:From the Free Movement of Persons to Union Citizenship written by Siofra O'Leary and published by Springer. This book was released on 1996 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the doctoral thesis which the author prepared and defended at the European University Institute in Florence. Following the adoption of the Treaty on European Union, the concept of Community or Union citizenship has been the subject of widespread academic and political debate. Part I of this book provides a framework within which to examine the concept of Community or Union citizenship. It distinguishes nationality and citizenship, discusses the importance of Member State nationality for both free movement of persons in the European Community and Union citizenship and, finally, examines the traditional requirement in Community law of involvement in an economic activity. Part II focuses on the relationship between the principle of equal treatment and Union citizenship, given the fact that many of the rights conferred on Union citizens are simply extended to them on the basis of the principle of equal treatment. Finally, Part III looks beyond equal treatment and questions whether a direct relationship can be said to exist between Union citizens and the Union. It also suggests some of the issues relevant to citizenship which may feature at the forthcoming Intergovernmental Conference in 1996. The overall objective of the book is to discuss whether citizenship is an appropriate description of the rights which Union citizens enjoy on the basis of Community law or the duties to which they may become subject.

European Citizenship after Brexit

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Author :
Publisher : Springer
ISBN 13 : 3319517740
Total Pages : 123 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis European Citizenship after Brexit by : Patricia Mindus

Download or read book European Citizenship after Brexit written by Patricia Mindus and published by Springer. This book was released on 2017-04-04 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members. The status of European citizenship and connected rights are first presented. Chapter Two focuses on the legal uncertainty that afflicts second country nationals in the United Kingdom as well as British citizens, turning from expats to post-European third country nationals. Chapter Three describes the functionalist theory and delineates three ways in which it applies to Brexit. These three directions of inquiry are developed in the following chapters. Chapter Four focuses on the intension of Union citizenship: Which rights can be frozen? Chapter Five determines the extension of Union citizenship: Who gets to withdraw the status? The key finding is that while Member states are in principle free to revoke the status of Union citizen, former Member states are not unbounded in stripping Union citizens of their acquired territorial rights. Conclusions are drawn and policy-suggestions summed up in the final chapter.

European Citizenship under Stress

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Publisher : BRILL
ISBN 13 : 9004433074
Total Pages : 562 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis European Citizenship under Stress by : Nathan Cambien

Download or read book European Citizenship under Stress written by Nathan Cambien and published by BRILL. This book was released on 2020-09-07 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

Frontiers of Equality in the Development of EU and US Citizenship

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Publisher : Springer
ISBN 13 : 9462651655
Total Pages : 477 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Frontiers of Equality in the Development of EU and US Citizenship by : Jeremy B. Bierbach

Download or read book Frontiers of Equality in the Development of EU and US Citizenship written by Jeremy B. Bierbach and published by Springer. This book was released on 2017-02-09 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Free Movement of Persons in the European Union

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Publisher :
ISBN 13 : 9789041124708
Total Pages : 0 pages
Book Rating : 4.1/5 (247 download)

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Book Synopsis Free Movement of Persons in the European Union by : Eleanor Spaventa

Download or read book Free Movement of Persons in the European Union written by Eleanor Spaventa and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing extensively on the entire body of applicable case law, this in-depth study analyses what the free movement of persons provisions of the EC Treaty have come to mean in todayand’s Europe. The author posits the emergence of a new constitutional dimension whereby the Member States bear considerable duties towards Union citizens qua citizens rather than just qua economic actorsand―a duty not to interfere with individual rights, a duty to respect individual rights, and a duty to protect individual rightsand—duties to be understood in the context of Union citizenship. Among the relevant issues scrutinised in the course of the analysis are the following: and• the refinement of the concept of discrimination; and• the notion of and‘non-discriminatory barrierand’ and remuneration in relation to the free movement of services; and• non-discriminatory barriers to the freedom of establishment and the movement of workers; and• the inadequacy of the market access test; and• the notion of Union citizenship and its impact on the economic free movement provisions; and• the right to pursue an economic activity free of disproportionate market regulation. The book contains a detailed and extensive analysis of the relevant case law. As a deeply-informed assessment of the conceptual underpinnings and normative potentialities of these fundamental Community rights, Free Movement of Persons in the European Union will be of inestimable value to academics, as well as to postgraduate students and others concerned with the ongoing process of European integration.

The EU Citizenship Directive

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Publisher : Oxford University Press
ISBN 13 : 0198705239
Total Pages : 370 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The EU Citizenship Directive by : Elspeth Guild

Download or read book The EU Citizenship Directive written by Elspeth Guild and published by Oxford University Press. This book was released on 2014 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive article by article commentary of the EU's Citizenship Directive. In doing so it offers readers a "one-stop" guide to a fundamental Union legislative act that governs the right of Union citizens and their family members to travel to or take up residence in other Member States of their choosing.

Free Movement of Persons Within the European Community

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Publisher : Springer
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Free Movement of Persons Within the European Community by : Friedl Weiss

Download or read book Free Movement of Persons Within the European Community written by Friedl Weiss and published by Springer. This book was released on 2002-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguably, The most important element in any system of economic integration is the freedom of movement of persons. In this as in other initiatives, The European Community has taken the lead, and emerging economic unions and common markets elsewhere in the world take full cognizance of the EC's successes and failures as this fundamental right has developed under European law. The present volume provides a comprehensive overview of this body of law, encompassing doctrinal basis, institutional framework, legal compliance, judicial development, and derogation on such grounds as security and health. The authors, both well-known experts in the field, comment extensively on matters including visas, free movement of workers, freedom of establishment for companies, posted workers, harmonisation of professional qualifications, European citizenship, freedom to provide and receive services, agreements between the European Community and other states concerning free movement, The rights of third country nationals (especially their position under the EURODAC regulation), And The rights of families and individuals to housing and education. In addition to providing analysis of the relevant provisions of the European Community Treaty as amended by subsequent treaties including the Treaties of Amsterdam and Nice, The book takes considerable account of all relevant secondary legislation and sometimes soft law, For example draft treaties, resolutions, and draft legislation. The authors also consider what obstacles remain to this freedom, and what future developments might take place in this area of Community law.

Ubiquitous Citizens of Europe

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Author :
Publisher : Intersentia nv
ISBN 13 : 9050955401
Total Pages : 311 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Ubiquitous Citizens of Europe by : Oxana Golynker

Download or read book Ubiquitous Citizens of Europe written by Oxana Golynker and published by Intersentia nv. This book was released on 2006 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on economically active persons resident in one country while working in another, which traditionally embraced frontier and posted workers, but nowadays takes new forms. Outlines the correlations between citizenship, bona fide residence, labour migration, and socio-economic rights of partial migrants in the European Union, with particular reference to Union citizenship, and examines problems associated with rights in the areas of social security, taxation, and housing. Scrutinizes the latest case law of the European Court of Justice.

The Impact of Union Citizenship on the EU's Market Freedoms

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509904417
Total Pages : 285 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Impact of Union Citizenship on the EU's Market Freedoms by : Alina Tryfonidou

Download or read book The Impact of Union Citizenship on the EU's Market Freedoms written by Alina Tryfonidou and published by Bloomsbury Publishing. This book was released on 2016-02-25 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

Revisiting the Fundamentals of the Free Movement of Persons in EU Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198886292
Total Pages : 225 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Revisiting the Fundamentals of the Free Movement of Persons in EU Law by : Niamh Nic Shuibhne

Download or read book Revisiting the Fundamentals of the Free Movement of Persons in EU Law written by Niamh Nic Shuibhne and published by Oxford University Press. This book was released on 2023-08-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.

European Union Citizenship

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Author :
Publisher : Institute for Public Policy Research
ISBN 13 : 9781860300370
Total Pages : 164 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis European Union Citizenship by : Síofra O'Leary

Download or read book European Union Citizenship written by Síofra O'Leary and published by Institute for Public Policy Research. This book was released on 1996 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Citizenship and Social Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112717
Total Pages : 288 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis EU Citizenship and Social Rights by : Frans Pennings

Download or read book EU Citizenship and Social Rights written by Frans Pennings and published by Edward Elgar Publishing. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Questioning EU Citizenship

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914668
Total Pages : 504 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Questioning EU Citizenship by : Daniel Thym

Download or read book Questioning EU Citizenship written by Daniel Thym and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.