EU Citizenship at the Edges of Freedom of Movement

European Union Law

EU Citizenship at the Edges of Freedom of Movement

By Katarina Hyltén-Cavallius
Hart Publishing July 2022

Specifications

ISBN-13
9781509945498
Publisher
Hart Publishing
Publication
July 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

1. Introduction
I. EU Citizenship: The Legal Space Between Status and Rights
II. Method and Delimitations
III. Outline
2. EU Citizenship: Historical Backdrop and Debate
I. The Legal Origins of EU Citizenship
II. Free Movement of Persons: The Creationist Bone of EU Citizenship
III. Freedom of Movement Based Directly on the Status of EU Citizenship
IV. Debating the 'Promise' and 'Threat' of Equal Treatment
V. The Constitutional Impact of EU Citizenship
VI. The 2010s: Has EU Citizenship Reached its Limits in Free Movement Law?
VII. Where to Go from Here?
3. The Right to Move and Reside Freely: Article 21(1) TFEU and Directive 2004/38
I. Directive 2004/38: The Right to Integrate as a Union Citizen
II. Exit from a Home Member State and Entry into a Host Member State
III. A Right to Reside Beyond Three Months in a Host Member State
IV. Retaining a Right to Reside and Obtaining Permanent Residence
V. The Right of Permanent Residence Status
VI. Withdrawing Residence Rights on Public Interest Grounds
VII. Conclusion
4. Residence and Family Reunification Rights
I. The Right to Return as a Family to the Union Citizen's Home Member State
II. Retained Residence Rights of Family Members
III. The Right to Reside Within the EU: Article 20 TFEU
IV. Conclusion
5. The Right to Equal Treatment
I. The Right to Equal Treatment and EU Citizenship
II. Demanding Genuine Use of Freedom of Movement
III. Establishing the Edges to Equal Treatment
IV. Article 7 of Directive 2004/38 as the Sole Test of Integration
V. The Legal Space between Directive 2004/38 and Article 18 TFEU
VI. Conclusion
6. EU Citizenship and Political Free Movement Rights
I. Political EU Citizenship Rights as Free Movement Rights
II. Extending the Jurisdictional Scope of Political EU Citizenship Rights
III. A Fundamental EU Citizenship Right to Vote in Elections to the European Parliament
IV. National Disenfranchisement and Non-Enfranchisement as a Result of Exercising Free Movement
V. Conclusion
7. EU Citizenship and the Charter
I. The Place of Human Rights in Union Law
II. The Charter and EU Citizenship Rights
III. The Charter and Article 21 TFEU
IV. The Charter and Directive 2004/38: An Unsettled Relationship
V. The Charter and the Right to Equal Treatment
VI. The Charter and Article 20 TFEU
VII. Conclusion
8. Conclusion
I. The Legal Edges of Personal Free Movement Rights
II. EU Citizenship: The Legal Space Between Status and Rights
III. Perspectives for Future Developments
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