Eu Citizenship At The Edges Of Freedom Of Movement

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EU Citizenship at the Edges of Freedom of Movement

Author : Katarina Hyltén-Cavallius
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.

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 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.

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.

European Citizenship After Brexit

Author : Patricia Mindus
Publisher : Saint Philip Street Press
ISBN 13 : 9781013287312
Total Pages : 126 pages
Book Rating : 4.2/5 (873 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 Saint Philip Street Press. This book was released on 2020-10-09 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

EU Citizenship Law

Author : Niamh Nic Shuibhne
Publisher : Oxford University Press
ISBN 13 : 0192514555
Total Pages : 641 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Citizenship Law by : Niamh Nic Shuibhne

Download or read book EU Citizenship Law written by Niamh Nic Shuibhne and published by Oxford University Press. This book was released on 2023-10-26 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Union citizenship is a novel and complex legal status. Since its formal conception in the Maastricht Treaty, EU citizenship has catalysed an extraordinary, and ongoing, legal experiment, the development and implications of which are traced comprehensively throughout this book. EU Citizenship Law articulates, explains, and analyses the legal framework and legal developments that have shaped the status of EU citizenship and the rights that it confers on Member State nationals. By examining how the rights and responsibilities produced by EU citizenship relate to other rights conferred by EU law, the distinctive meaning and scope - the added legal value - of EU citizenship is uncovered. But the legal story examined here sits in deeper and wider economic, political, social, and emotional contexts because EU citizenship is also an idea: a vector of European integration, collective personhood, and multi-layered identities that reflects the paradoxically inclusive and exclusive qualities of citizenship more generally. EU citizenship challenges us to consider the worth and deepen the protection of the person, and to shape a European Union where principles and values really matter. Thorough yet accessible, this work provides a comprehensive legal reference point for the progression of debates about what EU citizenship law actually 'is,' and for the continuing study and practice of EU citizenship law.

The Evolution of EU Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192846558
Total Pages : 1073 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Evolution of EU Law by : Paul Craig

Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2021 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.

The Borders of "Europe"

Author : Nicholas De Genova
Publisher : Duke University Press
ISBN 13 : 0822372665
Total Pages : 376 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Borders of "Europe" by : Nicholas De Genova

Download or read book The Borders of "Europe" written by Nicholas De Genova and published by Duke University Press. This book was released on 2017-08-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the borders of Europe have been perceived as being besieged by a staggering refugee and migration crisis. The contributors to The Borders of "Europe" see this crisis less as an incursion into Europe by external conflicts than as the result of migrants exercising their freedom of movement. Addressing the new technologies and technical forms European states use to curb, control, and constrain what contributors to the volume call the autonomy of migration, this book shows how the continent's amorphous borders present a premier site for the enactment and disputation of the very idea of Europe. They also outline how from Istanbul to London, Sweden to Mali, and Tunisia to Latvia, migrants are finding ways to subvert visa policies and asylum procedures while negotiating increasingly militarized and surveilled borders. Situating the migration crisis within a global frame and attending to migrant and refugee supporters as well as those who stoke nativist fears, this timely volume demonstrates how the enforcement of Europe’s borders is an important element of the worldwide regulation of human mobility. Contributors. Ruben Andersson, Nicholas De Genova, Dace Dzenovska, Evelina Gambino, Glenda Garelli, Charles Heller, Clara Lecadet, Souad Osseiran, Lorenzo Pezzani, Fiorenza Picozza, Stephan Scheel, Maurice Stierl, Laia Soto Bermant, Martina Tazzioli

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.

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.

Fissures in EU Citizenship

Author : Martin Steinfeld
Publisher : Cambridge University Press
ISBN 13 : 1108861717
Total Pages : 413 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Fissures in EU Citizenship by : Martin Steinfeld

Download or read book Fissures in EU Citizenship written by Martin Steinfeld and published by Cambridge University Press. This book was released on 2022-01-06 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that core concepts in EU citizenship law are riddled with latent fissures traceable back to the earliest case law on free movement of persons, and that later developments simply compounded such defects. By looking at these defects, not only could Brexit have been predicted, but it could also have been foreseen that unchecked problems with EU citizenship would potentially lead to its eventual dismantling during an era of widespread populism and considerable challenges to further integration. Using a critical constructivist approach, the author painstakingly outlines the 'temple' of citizenship from its foundations upwards, and offers a deconstruction of concepts such as 'worker', the role of non-economic actors, the principle of equal treatment, and utterances of citizenship. In identifying inherent fissures in the concept of solidarity and post national identification, this book poses critical questions and argues that we need to reconstruct EU citizenship from the bottom up.

The fringes of citizenship

Author : Julija Sardelic
Publisher : Manchester University Press
ISBN 13 : 1526143151
Total Pages : 120 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The fringes of citizenship by : Julija Sardelic

Download or read book The fringes of citizenship written by Julija Sardelic and published by Manchester University Press. This book was released on 2021-07-27 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This book presents a socio-legal enquiry into the civic marginalisation of Roma in Europe. Instead of looking only at Roma’s position as migrants, an ethnic minority or a socio-economically disadvantage group, it considers them as European citizens, questioning why they are typically used to describe exceptionalities of citizenship in developed liberal democracies rather than as evidence for how problematic the conceptualisation of citizenship is at its core. Developing novel theoretical concepts, such as the fringes of citizenship and the invisible edges of citizenship, the book investigates a variety of topics around citizenship, including migration and free movement, statelessness and school segregation, as well as how marginalised minorities respond to such predicaments. It argues that while Roma are unique as a minority, the treatment that marginalises them is not. This is demonstrated by comparing their position to that of other marginalised minorities around the globe.

Questioning EU Citizenship

Author : Daniel Thym
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.

We, the People of Europe?

Author : Étienne Balibar
Publisher : Princeton University Press
ISBN 13 : 1400825784
Total Pages : 304 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis We, the People of Europe? by : Étienne Balibar

Download or read book We, the People of Europe? written by Étienne Balibar and published by Princeton University Press. This book was released on 2009-01-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: étienne Balibar has been one of Europe's most important philosophical and political thinkers since the 1960s. His work has been vastly influential on both sides of the Atlantic throughout the humanities and the social sciences. In We, the People of Europe?, he expands on themes raised in his previous works to offer a trenchant and eloquently written analysis of "transnational citizenship" from the perspective of contemporary Europe. Balibar moves deftly from state theory, national sovereignty, and debates on multiculturalism and European racism, toward imagining a more democratic and less state-centered European citizenship. Although European unification has progressively divorced the concepts of citizenship and nationhood, this process has met with formidable obstacles. While Balibar seeks a deep understanding of this critical conjuncture, he goes beyond theoretical issues. For example, he examines the emergence, alongside the formal aspects of European citizenship, of a "European apartheid," or the reduplication of external borders in the form of "internal borders" nurtured by dubious notions of national and racial identity. He argues for the democratization of how immigrants and minorities in general are treated by the modern democratic state, and the need to reinvent what it means to be a citizen in an increasingly multicultural, diversified world. A major new work by a renowned theorist, We, the People of Europe? offers a far-reaching alternative to the usual framing of multicultural debates in the United States while also engaging with these debates.

Law, Migration, and the Construction of Whiteness

Author : Dagmar Rita Myslinska
Publisher : Taylor & Francis
ISBN 13 : 1003853218
Total Pages : 164 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Law, Migration, and the Construction of Whiteness by : Dagmar Rita Myslinska

Download or read book Law, Migration, and the Construction of Whiteness written by Dagmar Rita Myslinska and published by Taylor & Francis. This book was released on 2024-03-15 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the hidden dynamics of race within the European Union. Brexit supporters’ frequent targeting of European Union (EU) movers, especially those from Central and Eastern Europe, has been popularly assumed as at odds with the EU project’s foundations based on equality and inclusion. This book dispels that notion. By interrogating the history, wording, omissions, assumptions and applications of laws, policies and discourses pertinent to mobility and equality, the argument developed throughout the book is that the parameters of CEE nationals’ status within the EU have been closely circumscribed, in line with the entrenched historical positioning of the west as superior to the east. Engaging current legal, economic, political and moral issues--against the backdrop of Brexit and contestations over EU integration and globalisation--this work opens avenues of thought to better understand law’s role in producing and sustaining social stratifications. Europe is a postcolonial space, as this book demonstrates. By addressing fractures within the construct of whiteness that are based on ethnicity, class and migrant status, the book also provides a theoretically nuanced, and politically useful, understanding of contemporary European racisms. This book will appeal to scholars, students and others interested in migration, EU integration and EU citizenship, equality law, race and ethnicity, social policy, and postcolonialism.

Research Handbook on EU Law and Human Rights

Author : Sionaidh Douglas-Scott
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546405
Total Pages : 576 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Law and Human Rights by : Sionaidh Douglas-Scott

Download or read book Research Handbook on EU Law and Human Rights written by Sionaidh Douglas-Scott and published by Edward Elgar Publishing. This book was released on 2017-07-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

Lived Citizenship on the Edge of Society

Author : Hanne Warming
Publisher : Springer
ISBN 13 : 3319550683
Total Pages : 273 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Lived Citizenship on the Edge of Society by : Hanne Warming

Download or read book Lived Citizenship on the Edge of Society written by Hanne Warming and published by Springer. This book was released on 2017-07-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection presents the concept of lived citizenship as a fruitful avenue for exploring the role played by social work practices in the lives of people in vulnerable positions. The book centres on the everyday experiences through which people practice, negotiate, understand and feel their citizenship. The authors offer both empirical analyses of how social work influences the rights, obligations, identities and belongings of children, homeless people, migrants, ethnic minorities, and young people with mental disabilities; and a theoretical framework for analysing the complexities of social work. Drawing on the notion of intimate citizenship and an understanding of citizenship as socio-spatial, the theoretical framework addresses the challenges of enhancing the agency of social work clients and of promoting inclusive citizenship, and how these challenges are shaped by emotions, affect, rationality, materiality, power relations, policies and managerial strategies. Lived Citizenship on the Edge of Society will be of interest to students and scholars across a range of disciplines including social policy and social work.