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Citizenship Rights And Freedom Of Movement In The European Union
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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 127 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.
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.
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.
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.
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.
Book Synopsis European Fundamental Rights and Freedoms by : Dirk Ehlers
Download or read book European Fundamental Rights and Freedoms written by Dirk Ehlers and published by Walter de Gruyter. This book was released on 2011-12-07 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.
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 . This book was released on 2020 with total page 0 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.
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 2018-03-30 with total page 281 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.
Book Synopsis EU Citizenship and Federalism by : Dimitry Kochenov
Download or read book EU Citizenship and Federalism written by Dimitry Kochenov and published by Cambridge University Press. This book was released on 2017-04-13 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
Book Synopsis People on the Move by : ZSOLT. BATSAIKHAN DARVAS (UURIINTUYA. GONCALVES RAPOSO, INES.)
Download or read book People on the Move written by ZSOLT. BATSAIKHAN DARVAS (UURIINTUYA. GONCALVES RAPOSO, INES.) and published by . This book was released on 2018-03-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration tops the list of challenges of greatest concern to European Union citizens. Such movement of people pose major challenges for policymakers. EU countries must integrate immigrants while managing often distorted public perceptions of immigration. This Blueprint offers an in-depth study that contributes to the evidence base.
Author :Francesco Rossi dal Pozzo Publisher :Kluwer Law International B.V. ISBN 13 :9041146644 Total Pages :372 pages Book Rating :4.0/5 (411 download)
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 372 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.
Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Book Synopsis Free Movement of Persons in the Enlarged European Union by : Nicola Rogers
Download or read book Free Movement of Persons in the Enlarged European Union written by Nicola Rogers and published by Sweet & Maxwell. This book was released on 2012 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a detailed analysis of each provision of European Law that bears on free movement of persons and shows how the provisions have been interpreted by the European Court of Justice.
Book Synopsis The Judicial Application of Human Rights Law by : Nihal Jayawickrama
Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life
Book Synopsis Creating European Citizens by : Willem Maas
Download or read book Creating European Citizens written by Willem Maas and published by Rowman & Littlefield. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring a key aspect of European integration, this clear and thoughtful book considers the remarkable experiment with common rights and citizenship in the EU. Governments around the world traditionally distinguish insiders (citizens) from outsiders (foreigners). Yet over the past half-century, an extensive set of supranational rights has been created in Europe that removes member governments' authority to privilege their own citizens, a hallmark of sovereignty. The culmination of supranational rights, European citizenship not only provides individuals with choices about where to live and work but also forces governments to respect those choices. Explaining this innovation--why states cede their sovereignty and eradicate or redefine the boundaries of the political community by including "foreigners"--Willem Maas analyzes the development of European citizenship within the larger context of the evolution of rights. Imagining more than simply a free trade market, the goal of building a "broader and deeper community among peoples" with a "destiny henceforward shared"--creating European citizens--has informed European integration since its origins. The author argues that its success or failure will not only determine the future of Europe but will also provide lessons for political integration elsewhere.
Book Synopsis Challenging European Citizenship by : Agustín José Menéndez
Download or read book Challenging European Citizenship written by Agustín José Menéndez and published by Springer. This book was released on 2019-08-06 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critique of the way in which European citizenship is imagined and practiced. Setting their analysis in its full historical context, the authors challenge preconceived ideas about European citizenship on the basis of a detailed reconstruction of political, social and economic practice. In particular, they show the extent to which the elimination of formal internal borders within Europe has come hand in glove with the emergence of new socio-economic boundaries and the hardening of external borders. The book concludes with a number of concrete proposals to forge a genuinely post-national form of membership.
Book Synopsis Welfare States and Immigrant Rights by : Diane Sainsbury
Download or read book Welfare States and Immigrant Rights written by Diane Sainsbury and published by Oxford University Press. This book was released on 2012-08-30 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Welfare States and Immigrant Rights deals with the policies and politics of immigrants' inclusion and exclusion in six countries representing different types of welfare states: the United States, the United Kingdom, Germany, France, Sweden, and Denmark.
