The Evolving Concept of Community Citizenship:From the Free Movement of Persons to Union Citizenship PDF Download
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Author: Siofra O'Leary
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 372
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Book Description
This book is based on the doctoral thesis which the author prepared and defended at the European University Institute in Florence. Following the adoption of the Treaty on European Union, the concept of Community or Union citizenship has been the subject of widespread academic and political debate. Part I of this book provides a framework within which to examine the concept of Community or Union citizenship. It distinguishes nationality and citizenship, discusses the importance of Member State nationality for both free movement of persons in the European Community and Union citizenship and, finally, examines the traditional requirement in Community law of involvement in an economic activity. Part II focuses on the relationship between the principle of equal treatment and Union citizenship, given the fact that many of the rights conferred on Union citizens are simply extended to them on the basis of the principle of equal treatment. Finally, Part III looks beyond equal treatment and questions whether a direct relationship can be said to exist between Union citizens and the Union. It also suggests some of the issues relevant to citizenship which may feature at the forthcoming Intergovernmental Conference in 1996. The overall objective of the book is to discuss whether citizenship is an appropriate description of the rights which Union citizens enjoy on the basis of Community law or the duties to which they may become subject.
Author: Siofra O'Leary
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 372
Get Book Here
Book Description
This book is based on the doctoral thesis which the author prepared and defended at the European University Institute in Florence. Following the adoption of the Treaty on European Union, the concept of Community or Union citizenship has been the subject of widespread academic and political debate. Part I of this book provides a framework within which to examine the concept of Community or Union citizenship. It distinguishes nationality and citizenship, discusses the importance of Member State nationality for both free movement of persons in the European Community and Union citizenship and, finally, examines the traditional requirement in Community law of involvement in an economic activity. Part II focuses on the relationship between the principle of equal treatment and Union citizenship, given the fact that many of the rights conferred on Union citizens are simply extended to them on the basis of the principle of equal treatment. Finally, Part III looks beyond equal treatment and questions whether a direct relationship can be said to exist between Union citizens and the Union. It also suggests some of the issues relevant to citizenship which may feature at the forthcoming Intergovernmental Conference in 1996. The overall objective of the book is to discuss whether citizenship is an appropriate description of the rights which Union citizens enjoy on the basis of Community law or the duties to which they may become subject.
Author: Dimitry Kochenov
Publisher: Cambridge University Press
ISBN: 1108146112
Category : Law
Languages : en
Pages : 869
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Book Description
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.
Author: Alfred Michael Boll
Publisher: Martinus Nijhoff Publishers
ISBN: 9004148388
Category : Law
Languages : en
Pages : 650
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Book Description
This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.
Author: A. Pieter Van der Mei
Publisher: Bloomsbury Publishing
ISBN: 1847311997
Category : Law
Languages : en
Pages : 540
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Book Description
This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
Author: SÃofra O'Leary
Publisher: Institute for Public Policy Research
ISBN: 9781860300370
Category : Political Science
Languages : en
Pages : 164
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Book Description
Author: Niamh Nic Shuibhne
Publisher: Oxford University Press
ISBN: 0198886276
Category : Education
Languages : en
Pages : 225
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Book Description
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Author: Martin Steinfeld
Publisher: Cambridge University Press
ISBN: 1108490891
Category : Law
Languages : en
Pages : 413
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Book Description
EU citizenship law is revealed to have been a tragedy thirty years in the making in the era of Brexit.
Author: Stephen Coutts
Publisher: Bloomsbury Publishing
ISBN: 1509915354
Category : Law
Languages : en
Pages : 292
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Book Description
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.
Author: Phil Syrpis
Publisher: Cambridge University Press
ISBN: 1107010055
Category : Law
Languages : en
Pages : 387
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Book Description
Explores the dynamic relationship between courts and legislatures in the governance of the EU internal market.
Author: Alina Tryfonidou
Publisher: Bloomsbury Publishing
ISBN: 1509904417
Category : Law
Languages : en
Pages : 303
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Book Description
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.
