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The Rise and Decline of Fundamental Rights in EU Citizenship

The Rise and Decline of Fundamental Rights in EU Citizenship

Author: Adrienne Yong
Publisher: Hart Publishing
ISBN: 9781509945443

Published In: October 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509917938

List Price: HKD 545.87

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This book argues that there is an inherent relationship between EU fundamental rights and EU citizenship: they both have the same objective of guaranteeing protection for the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). Here, however, the author proposes that that relationship has weakened in recent years as the CJEU has entered increasingly sensitive territory in regard to the protection of citizenship rights and fundamental rights.

Writing in the post UK–EU referendum environment, the author argues that this decline is attributable to increasing Euroscepticism, which has worsened since the Eurozone crisis and even more so in light of Brexit, and arguments made that leaving the EU would reduce immigration. This argument is particularly important to note given the rising fears of immigration that underlie much of the dissatisfaction with the EU project: a feeling prevalent not only in the UK. The chapters look at the rights of migrant EU citizens in Member States other than their own, and the guarantees that exist as a matter of protecting their fundamental human rights, which are present alongside rights enjoyed as part of being an EU citizen.

1. Examining EU Citizenship and its Relationship with EU Fundamental Rights

I. Introduction

II. Linking EU Citizenship and Fundamental Rights

A. Understanding EU Fundamental Rights

B. Legitimacy and Solidarity in the EU

C. The Role of the Court

III. The Legal Culture of the Court

IV. Judicial Instruments in EU Citizenship Law

A. The Principle of Non-discrimination (Article 18 TFEU)

B. The Principle of Proportionality

C. Protecting National Welfare Systems and the 'Genuine Link' Test

D. The 'Purely Internal Situations' Rule

E. The 'Deprivation of Genuine Enjoyment' Test

V. The Three Ages of EU Citizenship

A. The Age of Uncertainty: The UK's Withdrawal from the EU

VI. Methodology and Outline of the Analysis

2. The Progressive Empowerment of EU Citizens through Judicial Instruments and Fundamental Rights

I. Introduction

II. Empowering the EU Citizen

A. Workers and Family Life

B. Non-discrimination as a Fundamental Right

C. Fundamental Rights Protection through Proportionality

D. Proving a Genuine Link

III. Cross-border Residency

A. The Purely Internal Situations Rule

B. Respect for Family Life and Identity

C. An Increasingly Tenuous Cross-border Link

D. The Problem of Reverse Discrimination

IV. Conclusion

3. The Growing Potential of EU Citizenship's Relationship with Fundamental Rights

I. Introduction

II. Fundamental Rights in EU Citizenship Pre-Lisbon

A. AG Jacobs' Opinion in Konstantinidis (1992)

B. The Rise of Fundamental Rights Protection in EU Citizenship

C. AG Colomer's Opinion in Petersen (2008)

III. Fundamental Rights in EU Citizenship Post-Lisbon

A. Post-Lisbon, but Pre-Zambrano

B. AG Sharpston's Opinion in Zambrano (2010)

i. Residency Rights and Third Country Nationals

ii. Fundamental Rights

C. An Independent Legal Basis for Citizenship Rights

IV. Conclusion

4. The Constitutional Crisis of EU Citizenship and Fundamental Rights

I. Introduction

II. The Aftermath of Zambrano

A. Restricting Scope in the McCarthy and Dereci Cases

B. 'Genuine Enjoyment' and Fundamental Rights

III. EU Citizenship Cases after Zambrano

A. 'Genuine Enjoyment' after McCarthy and Dereci

B. Patterns in Recent Case Law

IV. Conclusion

5. Fundamental Rights and EU Citizenship in a Eurosceptic EU

I. Introduction

II. The Effect of Europe's Crisis on its Citizens

A. Struggles of the Status of EU Citizenship

B. The Effect of the Charter of Fundamental Rights

III. Linking EU Fundamental Rights with EU Citizenship

A. Implications of Human Rights Protection under the ECHR

B. Limits on Linking EU Fundamental Rights with EU Citizenship Status

C. The ECHR and EU Citizenship Going Forward

IV. Conclusion

6. The Unfolding Story of EU Citizenship and Fundamental Rights in Brexit Britain

I. Introduction

II. The Crisis of British Withdrawal from the EU

A. An Increasingly Eurosceptic UK and Deferential CJEU

B. Negotiating Citizens' Rights

III. A 'Just' Brexit?

A. Human Rights as Realised by International Standards

B. Weaknesses of the ECHR

IV. Conclusion

7. Concluding Thoughts

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