European citizenship under stress : social justice, Brexit, and other challenges

書誌事項

European citizenship under stress : social justice, Brexit, and other challenges

edited by Nathan Cambien, Dimitry Kochenov, and Elise Muir

(Nijhoff studies in European Union law, v. 16)

Brill Nijhoff, c2020

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注記

Includes bibliographical references

Summary: "European Citizenship, although derived from the nationalities of the Member States, came to play a significant independent role in reforming European constitutionalism in unanticipated ways by undermining some of the key assumptions underlying the notions of citizenship, equality and democratic accountability. Instead of lingering merely as a super- structure atop Member State nationalities, it instead reshuffles the constitutional basics and not all Europeans emerge as winners as a result"-- Provided by publisher

内容説明・目次

内容説明

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.

目次

Preface Abbreviations Table of Cases Notes of Contributors 1 European Citizenship under Stress: Introduction Nathan Cambien, Dimitry Kochenov and Elise Muir PART 1 EU Citizenship: Constitutional Challenges 2 EU Citizenship: Some Systemic Constitutional Implications Dimitry Kochenov 3 Union Citizenship and Beyond Hans Ulrich Jessurun d'Oliveira 4 EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits Katerina Kalaitzaki 5 Free Movement of Dual EU Citizens David A.J.G. de Groot PART 2 Free Movement and Its Limits 6 The Court, the Legislature and the Co-Construction of a Status of Social Integration Stephen Coutts 7 Life after the 'Dano-Trilogy': Legal Certainty, Choices and Limitations in EU Citizenship Case La Moritz Jesse and Daniel William Carter 8 EU Citizenship, Access to "Social Benefits" and Third-Country National Family Members: Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit Elise Muir 9 Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal Nathan Cambien 10 Distinguishing between Use and Abuse of EU Free Movement Law: Evaluating Use of the "Europe-route" for Family Reunification to Overcome Reverse Discrimination Hester Kroeze 11 The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement? Piet Van Nuffel and Sofia Afanasjeva PART 3 EU Citizenship beyond Movement 12 The Pernicious Influence of Citizenship Rights on Workers' Rights in the EU - The Case of Student Finance Araceli Turmo 13 European Higher Education in the Context of Brexit Sacha Garben 14 The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union Sebastien Platon 15 The European Citizens' Initiative in Times of Brexit Natassa Athanasiadou PART 4 Supranational Citizenship and the Outside World 16 The "Sale" of Conditional Citizenship: the Cyprus Investment Programme under the Lens of EU Law Sofya Kudryashova 17 Member State Nationality, EU Citizenship and Associate European Citizenship A.P. van der Mei 18 From Union Citizen to Third-country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union Gillian More 19 Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle Christa Tobler 20 The Free Movement of Persons in the Eurasian Economic Union - between Civis Eurasiaticus and Homo Oeconomicus Bendikt Pirker and Kirill Entin

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