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Author: Sandra Seubert
Publisher: Edward Elgar Publishing
ISBN: 1788113543
Category : Law
Languages : en
Pages : 295
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Book Description
25 years after the introduction of EU citizenship this book reconsiders its contradictions and constraints as well as promises and prospects. Analyzing a disputed concept and evaluating its implementation and social effects Reconsidering EU Citizenship contributes to the lively debate on European and transnational citizenship. It offers new insights for the ongoing theoretical debates on the future of EU citizenship – a future that will be determined by the transformative path the EU is going to take vis à vis the centrifugal forces of the current economic and political crisis.
Author: Sandra Seubert
Publisher: Edward Elgar Publishing
ISBN: 1788113543
Category : Law
Languages : en
Pages : 295
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Book Description
25 years after the introduction of EU citizenship this book reconsiders its contradictions and constraints as well as promises and prospects. Analyzing a disputed concept and evaluating its implementation and social effects Reconsidering EU Citizenship contributes to the lively debate on European and transnational citizenship. It offers new insights for the ongoing theoretical debates on the future of EU citizenship – a future that will be determined by the transformative path the EU is going to take vis à vis the centrifugal forces of the current economic and political crisis.
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.
Author: Joske Graat
Publisher: Springer Nature
ISBN: 3031075900
Category : Law
Languages : en
Pages : 418
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Book Description
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.
Author: Trudie Knijn
Publisher: Edward Elgar Publishing
ISBN: 1788113160
Category : Political Science
Languages : en
Pages : 261
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Book Description
Family law, gender equality, care arrangements and the consequences of demographic change have long been on the agenda of the European Union. However, these are coloured by national and cultural factors more than any other disputes, and form a barrier to the equalising of status for European citizens. Using an interdisciplinary approach, and bringing together law scholars, political scientists and sociologists, this book looks at the implications of the categorisation of identity in the European Union, and what they mean for the realisation of citizens’ rights throughout the EU.
Author: Sybe de Vries
Publisher: Edward Elgar Publishing
ISBN: 1788113446
Category : Law
Languages : en
Pages : 335
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Book Description
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenshipprovides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike. Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, Á.E. Menéndez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. Vega
Author: Kostakopoulou, Dora
Publisher: Edward Elgar Publishing
ISBN: 1788972902
Category : Law
Languages : en
Pages : 424
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Book Description
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.
Author: Sanja Ivic
Publisher: Vernon Press
ISBN: 162273386X
Category : Political Science
Languages : en
Pages : 202
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Book Description
The modern liberal idea of citizenship is constructed by a fixed notion of identity which gains meaning through a number of binary oppositions, such as we/ they, citizen/ foreigner, self/ other and so forth. Defined by these binaries, where the first term is perceived as dominant because it is considered to be derived from reason, the fixed notion of identity inevitably produces exclusion and marginalization. Importantly, the postmodern concept of citizenship stems from a critique of these essentialist and universalist conceptions of identity. Exploring European identity and European citizenship from a philosophical perspective, this book reveals the discursive construction of these two concepts whilst at the same time attempting to define them as either modernist or postmodernist categories. Dr. Ivic takes a hermeneutic approach in her interpretation of European citizenship and identity through a close reading of European treaties and other official documents. Through her detailed analysis, Dr. Ivic is able to present the reader with well-informed and concrete examples of modern and postmodern concepts of identity within Europe. Moreover, this book explores the impact that contemporary issues such as Brexit, the migration crisis in Europe, and the proliferation of nationalist discourses, have on European citizenship and identity. Where existing research literature has failed, this book offers a dynamic and textual analysis of citizenship that takes into account the complex philosophical, legal, political and theoretical background of Europe. Dealing with issues that have not yet been sufficiently explored, ‘EU Citizenship’ is an important contribution to the field of philosophical analysis. Aimed at university students, this book will also provide a baseline and set of reference points for researchers and practitioners of European studies that are working with projects that look at European citizenship.
Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 1107022282
Category : Law
Languages : en
Pages : 265
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Book Description
Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.
Author: Yossi Harpaz
Publisher: Princeton University Press
ISBN: 069119405X
Category : Law
Languages : en
Pages : 216
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Book Description
"The institution of citizenship has undergone significant change in the last two decades. Since the 1990s, dozens of countries have changed their laws to permit dual citizenship, moving away from the previous model that demanded exclusive allegiance. As a consequence, tens of millions of people around the world now hold citizenship in two (and sometimes three or four) countries. These changes have inevitably had an affect on the lived experience and personal meaning of citizenship, but the existing literature on dual citizenship has mostly focused on immigrants in Western Europe and North America and has inquired about identity and sentimental aspects of citizenship. Yossi Harpaz looks beyond the West in this book, arguing that the rise of dual citizenship has created new opportunities for non-Western elites to convert local advantages into a global resource. Millions draw on ancestral or ethnic ties to Western/EU countries or create such ties strategically in order to obtain a second nationality that will provide them with additional opportunities, an insurance policy, a high-prestige passport and even social status. He draws on qualitative and quantitative material from three cases that represent three pathways to compensatory citizenship: Hungarian-speaking Serbians who draw on their ethnicity to acquire a second citizenship from Hungary; upper-class Mexicans who engage in "birth tourism" in order to secure American citizenship for their children; and Israelis who reacquire the citizenship of European countries from which their parents and grandparents had immigrated half a century earlier"--
Author: Sybe de Vries
Publisher: Edward Elgar Publishing
ISBN: 1788113462
Category : Law
Languages : en
Pages : 303
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Book Description
Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome. Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU. EU Citizens? Economic Rights in Actionis an important book, which will be an essential resource for students of EU citizenship and economics, as well as for EU policymakers and practitioners interested in the field.
