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BOOK EXCERPT:
Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.
Product Details :
Genre |
: Law |
Author |
: Dimitry Kochenov |
Publisher |
: Cambridge University Press |
Release |
: 2017-04-13 |
File |
: 869 Pages |
ISBN-13 |
: 9781107072701 |
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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.
Product Details :
Genre |
: Law |
Author |
: Alina Tryfonidou |
Publisher |
: Bloomsbury Publishing |
Release |
: 2016-02-25 |
File |
: 303 Pages |
ISBN-13 |
: 9781509904419 |
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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.
Product Details :
Genre |
: Law |
Author |
: Katarina Hyltén-Cavallius |
Publisher |
: Bloomsbury Publishing |
Release |
: 2020-11-26 |
File |
: 268 Pages |
ISBN-13 |
: 9781509937264 |
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BOOK EXCERPT:
This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.
Product Details :
Genre |
: Law |
Author |
: Joske Graat |
Publisher |
: Springer Nature |
Release |
: 2022-09-09 |
File |
: 418 Pages |
ISBN-13 |
: 9783031075902 |
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BOOK EXCERPT:
This collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.
Product Details :
Genre |
: Law |
Author |
: Sandra Mantu |
Publisher |
: BRILL |
Release |
: 2020-03-31 |
File |
: 452 Pages |
ISBN-13 |
: 9789004411784 |
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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.
Product Details :
Genre |
: Law |
Author |
: Daniel Thym |
Publisher |
: Bloomsbury Publishing |
Release |
: 2017-12-28 |
File |
: 528 Pages |
ISBN-13 |
: 9781509914661 |
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BOOK EXCERPT:
This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contributors analyse the latest institutional initiatives, proposals and practices such as: *citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.
Product Details :
Genre |
: Political Science |
Author |
: Davor Jancic |
Publisher |
: Bloomsbury Publishing |
Release |
: 2023-02-23 |
File |
: 365 Pages |
ISBN-13 |
: 9781509950843 |
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BOOK EXCERPT:
Over the past 20 years the European Union has been increasingly active in the area of criminal law. Meanwhile, the status of European Union citizenship has been progressively developed and strengthened. Adopting an expressive and communitarian perspective of the criminal law, this book considers EU criminal law in light of EU citizenship with a view to revealing the structure of the EU's political community as expressed in its criminal law. It argues that while national communities remain dominant, through transnational processes certain features of a supranational community can be said to emerge. The book will be of interest to scholars of EU citizenship, EU criminal law and EU law and integration more generally.
Product Details :
Genre |
: Law |
Author |
: Stephen Coutts |
Publisher |
: Bloomsbury Publishing |
Release |
: 2019-09-19 |
File |
: 263 Pages |
ISBN-13 |
: 9781509915347 |
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BOOK EXCERPT:
This book offers a well-investigated and accessible picture of the current situation around the politics of LGBT (Lesbian, Gay, Bisexual, and Transgender) rights and activism in Central Europe and the Western Balkans in the context of the enlargement of the European Union (EU). It provides not only thoughtful reflections on the topic but also a wealth of new empirical findings — arising from legal and policy analysis, large-scale sociological investigations and country case studies. Theoretical concepts come from institutional analysis, the study of social movements, law, and Europeanization literature. The authors discuss emerging Europe-wide activism for LGBT rights and analyze issues such as the tendency of nationalist movements to turn ‘sexual others’ into ‘national others,’ the actions and rhetoric of church actors as powerful counter-mobilizers against LGBT rights, and the role of the domestic state on the receiving end of EU pressure in the field of fundamental rights.
Product Details :
Genre |
: Political Science |
Author |
: Koen Slootmaeckers |
Publisher |
: Springer |
Release |
: 2016-06-23 |
File |
: 251 Pages |
ISBN-13 |
: 9781137480934 |
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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.
Product Details :
Genre |
: Law |
Author |
: Nathan Cambien |
Publisher |
: BRILL |
Release |
: 2020-09-07 |
File |
: 562 Pages |
ISBN-13 |
: 9789004433076 |