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Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU

Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU

Author: Daniel Thym
Publisher: Hart Publishing
ISBN: 9781509914685

Published In: December 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509937516

List Price: HKD 1,300.00

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The question of supranational citizenship is one of the more controversial in EU citizenship law. It is politically contested, the object of prominent Court rulings and the subject of intense academic debates.

This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights.

This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored and in addition, the essays will explore the question of immigration from third countries from the perspective of Union citizenship.

1. Introduction: The Judicial Deconstruction of Union Citizenship

Daniel Thym

PART I: RATIONALISING JUDICIAL CHANGE

2. Extending Citizenship Rights and Losing it All: Brexit and the Perils of ‘Over-Constitutionalisation’

Susanne K Schmidt

3. The Citizenship of Personal Circumstances in Europe

Dimitry Kochenov

4. (De)constructing the Road to Brexit: Paving the Way to Further Limitations on Free Movement and Equal Treatment?

Stephanie Reynolds

5. Why Did the Citizenship Jurisprudence Change?

Urška Šadl and Suvi Sankari

6. The Evolution of Citizens’ Rights in Light of the European Union’s Constitutional Development

Daniel Thym

7. The Engine of ‘Europeanness’? Free Movement, Social Transnationalism and European Identification

Ettore Recchi

8. European Citizenship and Transnational Rights: Chronicles of a Troubled Narrative

Francesca Strumia

PART II: EQUAL TREATMENT, SOCIAL BENEFITS AND HUMAN RIGHTS

9. Consolidating Union Citizenship: Residence and Solidarity Rights for Jobseekers and the Economically Inactive in the Post-Dano Era

Ferdinand Wollenschläger

10. Back to the Roots? No Access to Social Assistance for Union Citizens who are Economically Inactive

Paul Minderhoud and Sandra Mantu

11. Integrating Union Citizenship and the Charter of Fundamental Rights

Niamh Nic Shuibhne

PART III: THE CITIZENSHIP–IMMIGRATION NEXUS

12. The Constitutional Status of Foreigners and European Union Citizens: Loopholes and Interactions in the Scope of Application of Fundamental Rights

Sara Iglesias Sánchez

13. The Integration Exception: A New Limit to Social Rights of Third-Country Nationals in European Union Law?

KM (Karin) de Vries

14. Membership without Naturalisation? The Limits of European Court of Human Rights Case Law on Residence Security and Equal Treatment

Clíodhna Murphy

15. Conclusion: The Non-Simultaneous Evolution of Citizens’ Rights

Dora Kostakopoulou and Daniel Thym

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