Citizenship Rights And Freedom Of Movement In The European Union

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European Citizenship after Brexit

Author : Patricia Mindus
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.

Citizenship Rights and Freedom of Movement in the European Union

Author : Francesco Rossi dal Pozzo
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.

EU Citizenship at the Edges of Freedom of Movement

Author : Katarina Hyltén-Cavallius
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937277
Total Pages : 248 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 248 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.

Citizenship of the Union and Freedom of Movement of Persons

Author : Massimo Condinanzi
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.

Debating European Citizenship

Author : Rainer Bauböck
Publisher : Springer
ISBN 13 : 9783319899046
Total Pages : 0 pages
Book Rating : 4.8/5 (99 download)

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Book Synopsis Debating European Citizenship by : Rainer Bauböck

Download or read book Debating European Citizenship written by Rainer Bauböck and published by Springer. This book was released on 2018-09-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Frontiers of Equality in the Development of EU and US Citizenship

Author : Jeremy B. Bierbach
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.

EU Citizenship and Free Movement Rights

Author : Sandra Mantu
Publisher : BRILL
ISBN 13 : 900441178X
Total Pages : 452 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis EU Citizenship and Free Movement Rights by : Sandra Mantu

Download or read book EU Citizenship and Free Movement Rights written by Sandra Mantu and published by BRILL. This book was released on 2020-03-31 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.

European Citizenship under Stress

Author : Nathan Cambien
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.

Democratic Citizenship and the Free Movement of People

Author : Willem Maas
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 and Social Rights

Author : Frans Pennings
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.

Free Movement of Persons in the European Union

Author : Eleanor Spaventa
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.

Civil Rights and EU Citizenship

Author : Sybe de Vries
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113446
Total Pages : pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Civil Rights and EU Citizenship by : Sybe de Vries

Download or read book Civil Rights and EU Citizenship written by Sybe de Vries and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike.

Migration and Freedom

Author : Brad K Blitz
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955840
Total Pages : 256 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Migration and Freedom by : Brad K Blitz

Download or read book Migration and Freedom written by Brad K Blitz and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating over 160 interviews with individuals in Croatia, Slovenia, Italy, Spain, the UK and Russia, this book provides a unique focus on both internal and inter-state mobility and a re-evaluation of the concept of freedom of movement. The author do

Research Handbook on European Union Citizenship Law and Policy

Author : Kostakopoulou, Dora
Publisher : Edward Elgar Publishing
ISBN 13 : 1788972902
Total Pages : 424 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on European Union Citizenship Law and Policy by : Kostakopoulou, Dora

Download or read book Research Handbook on European Union Citizenship Law and Policy written by Kostakopoulou, Dora and published by Edward Elgar Publishing. This book was released on 2022-03-17 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.

EU Citizenship Law and Policy

Author : Dora Kostakopoulou
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431599
Total Pages : 192 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis EU Citizenship Law and Policy by : Dora Kostakopoulou

Download or read book EU Citizenship Law and Policy written by Dora Kostakopoulou and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy.

Free Movement of Persons Within the European Community

Author : Friedl Weiss
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.

Rights of Third-Country Nationals under EU Association Agreements

Author : Daniel Thym, LL.M.
Publisher : BRILL
ISBN 13 : 9004300066
Total Pages : 305 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Rights of Third-Country Nationals under EU Association Agreements by : Daniel Thym, LL.M.

Download or read book Rights of Third-Country Nationals under EU Association Agreements written by Daniel Thym, LL.M. and published by BRILL. This book was released on 2015-08-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of Third-Country Nationals under EU Association Agreements identifies overarching themes and discusses the practical impact of the legal rules on the free movement of persons in association agreements between the EU and neighbouring countries, in particular Turkey.