The Civic Citizens of Europe

The Civic Citizens of Europe PDF Author: Moritz Jesse
Publisher: BRILL
ISBN: 9004252800
Category : Law
Languages : en
Pages : 420

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Book Description
In The Civic Citizens of Europe: The Legal Potential for Immigrant Integration in the EU, Belgium, Germany, and the United Kingdom, Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures, rights to family migration, permanent residence, and integration measures in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.

The Civic Citizens of Europe

The Civic Citizens of Europe PDF Author: Moritz Jesse
Publisher: BRILL
ISBN: 9004252800
Category : Law
Languages : en
Pages : 420

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Book Description
In The Civic Citizens of Europe: The Legal Potential for Immigrant Integration in the EU, Belgium, Germany, and the United Kingdom, Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures, rights to family migration, permanent residence, and integration measures in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.

Illegally Staying in the EU

Illegally Staying in the EU PDF Author: Benedita Menezes Queiroz
Publisher: Bloomsbury Publishing
ISBN: 1509912851
Category : Law
Languages : en
Pages : 227

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Book Description
Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

The Oxford Handbook of Citizenship

The Oxford Handbook of Citizenship PDF Author: Ayelet Shachar
Publisher: Oxford University Press
ISBN: 0192528416
Category : Law
Languages : en
Pages : 897

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Book Description
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.

The fringes of citizenship

The fringes of citizenship PDF Author: Julija Sardelic
Publisher: Manchester University Press
ISBN: 1526143151
Category : Social Science
Languages : en
Pages : 122

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Book Description
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.

Equal Citizenship and Its Limits in EU Law

Equal Citizenship and Its Limits in EU Law PDF Author: Päivi Johanna Neuvonen
Publisher: Bloomsbury Publishing
ISBN: 1782258175
Category : Law
Languages : en
Pages : 229

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Book Description
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.

Transnational Law of Human Mobility

Transnational Law of Human Mobility PDF Author: Emília Lana de Freitas Castro
Publisher: Springer Nature
ISBN: 3030466086
Category : Law
Languages : en
Pages : 248

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Book Description
This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.

The Court of Justice of the European Union

The Court of Justice of the European Union PDF Author: Kate Shaw
Publisher: BRILL
ISBN: 900434442X
Category : Law
Languages : en
Pages : 350

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Book Description
In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.

EU Citizenship at the Edges of Freedom of Movement

EU Citizenship at the Edges of Freedom of Movement PDF Author: Katarina Hyltén-Cavallius
Publisher: Bloomsbury Publishing
ISBN: 1509937269
Category : Law
Languages : en
Pages : 268

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Book Description
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.

Integration Requirements for Immigrants in Europe

Integration Requirements for Immigrants in Europe PDF Author: Tamar de Waal
Publisher: Bloomsbury Publishing
ISBN: 1509931678
Category : Law
Languages : en
Pages : 224

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Book Description
Based on legal-philosophical research, and informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe: (1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration. (2) That this shift is counterproductive as it creates barriers to participation and inclusion for newcomers (who will most likely permanently settle); and is normatively problematic insofar as it produces status hierarchies between native-born and immigrant citizens. (3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights. The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis.

Migration on the Move

Migration on the Move PDF Author: Carolus Grütters
Publisher: BRILL
ISBN: 9004330461
Category : Law
Languages : en
Pages : 319

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Book Description
Migration on the Move examines the dynamics of migration and asylum law over the past two decades and highlights profound changes that have taken place in these fields as a result of growing EU competences to deal with migration and asylum questions. The book maps the transformation of the migration field by focusing on three interrelated issues: the effects of Europeanization and the shifting power relations that it implies; placing Europe’s laws and policies in a global migration context, and critically examining to whom ‘project’ Europe belongs. The contributors offer a multidisciplinary analysis of key aspects of the migration and refugee crisis and their implications for policies, principles of law, and the treatment of people in Europe today.