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EU Citizenship and Federalism
The Role of Rights

£110.00

Dimitry Kochenov, Martijn van den Brink, Maciej Szpunar, María Esther Blas López, José Luís da Cruz Vilaça, Alessandra Silveira, Niamh Nic Shuibhne, Loïc Azoulai, Eleanor Spaventa, Daniel Sarmiento, Eleanor Sharpston, Antje Wiener, Federico Fabbrini, Mark L. Flear, Alina Tryfonidou, Dagmar Schiek, Sara Iglesias Sánchez, Michal Meduna, Uładzisłaŭ Belavusaŭ, Stanislas Adam, Peter Van Elsuwege, Gareth Davies, Nathan Cambien, Charlotte O'Brien, Bilyana Petkova, Hanneke van Eijken, Tony P. Marguery, Patrizia Vigni, Francesca Strumia, Dominik Düsterhaus, Johanna Croon-Gestefeld, Jože Štrus, Daniel Thym, Phoebus L. Athanassiou, Stéphanie Laulhé Shaelou, Koen Lenaerts, José A. Gutiérrez-Fons
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  • Date Published: April 2017
  • availability: Available
  • format: Hardback
  • isbn: 9781107072701

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  • Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

    • Firmly rooted in the case law of the European Court of Justice as well as legal-theoretical approaches to the issues discussed, and boasts both theoretical and practical significance, thus appealing to the theorists of integration as well as practising lawyers and students
    • Provides a pioneering presentation of EU citizenship as the key building block of EU constitutionalism, adding to the understanding of the EU's constitutional structure by providing an innovative forward-looking assessment and building on important interconnections
    • The diverse mix of authors, including researchers, professors, practitioners from EU institutions and Judges and Advocates General of the Court of Justice of the EU, ensures a balanced and clear presentation of the material
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    Reviews & endorsements

    'At a time when the European Union is in turmoil, beset by crises most recently including Brexit, a thorough and wide-ranging analysis of the current legal and political status of EU citizenship is extremely welcome. Dimitry Kochenov has assembled a superb line-up of commentators and analysts and produced a comprehensive collection of essays on all aspects of EU citizenship from a federal perspective.' Gráinne de Búrca, Florence Ellinwood Professor of Law, New York University Law School

    'The contributions in this collection provide a comprehensive picture of the citizenship of the Union and its development since its creation by the Maastricht Treaty 25 years ago. It certainly will constitute a source of inspiration for everyone who is reflecting on the potential and the future of European citizenship as a fundamental status of the nationals of the Member States of the European Union.' Gerard-René de Groot, Universiteit Maastricht, Netherlands

    'This brick is a construction site of EU citizenship. It is a huge Gesamtwissenschaftswerk on tiles and pillars, written by a quite select array of scholars summoned by federalist contractor Dimitry Kochenov. Union citizenship is still in scaffolding and the authors show its vulnerability and its promise in illuminating vistas. Stimulating reading for all interested in this elusive and intriguing phenomenon.' Hans Ulrich Jessurun d'Oliveira, European University Institute, Florence and Universiteit van Amsterdam

    'Is European Union citizenship merely an annex to the internal market, a 'market citizenship' for a few privileged cross-border movers; or is it a free-standing citizenship, the 'fundamental status' of all Europeans, as the European Court of Justice ambitiously pronounced it a few years ago? There is no clear answer and the legal reality is twisted, as this impressive volume by leading scholars and practitioners attests. This is the single best source to consult where EU citizenship stands today.' Christian Joppke, Universität Bern, Switzerland

    'Twenty-four years after the Treaty of Maastricht, the legal and political concept of European Union citizenship remains as important, and yet as contested, as it then was. Two decades of jurisprudence from the Court of Justice, at first expanding the concept and its contingent rights and then rowing back on some of its previous decisions in the field, combined with extensive changes to EU legislation on free movement and migration more generally, have led to extensive and sometimes groundbreaking studies by leading EU scholars and practitioners. Many of them contribute to this book, making it both a leading work on European Union citizenship and a timely reminder of how complex the legal issues raised by this innovative status are as free movement itself becomes a point of contention within the EU.' Síofra O'Leary, European Court of Human Rights

    'This work will be a milestone in the understanding of Union citizenship as federal citizenship. Erudite and provocative, this collection of essays will be essential reading for a generation (or two!) of scholars of European integration.' Robert Schütze, University of Durham

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    Product details

    • Date Published: April 2017
    • format: Hardback
    • isbn: 9781107072701
    • dimensions: 229 x 152 x 46 mm
    • weight: 1.32kg
    • availability: Available
  • Table of Contents

    1. Introduction: on tiles and pillars: EU citizenship as a federal denominator Dimitry Kochenov
    Part I. Citizenship within the EU Federal Context:
    2. The origins and the potential federalising effects of the substance of rights test Martijn van den Brink
    3. Some reflections on Member State nationality: a prerequisite of EU citizenship and an obstacle to its enjoyment Maciej Szpunar and María Esther Blas López
    4. The European federalisation process and the dynamics of fundamental rights José Luís da Cruz Vilaça and Alessandra Silveira
    5. Recasting EU citizenship as federal citizenship: what are the implications for the citizen when the polity bargain is privileged? Niamh Nic Shuibhne
    6. Transfiguring European citizenship: from Member State territory to Union Territory Loïc Azoulai
    7. Earned citizenship - understanding Union citizenship through its scope Eleanor Spaventa
    8. European citizenship and its new union: time to move on? Daniel Sarmiento and Eleanor Sharpston
    9. Going home? 'European' citizenship practice twenty years after Antje Wiener
    Part II. EU Citizenship Rights and the Vertical Division of Powers in the EU:
    10. The political side of EU citizenship in the context of EU federalism Federico Fabbrini
    11. Reframing public health governance: from risk to citizenship and participation Mark L. Flear
    12. The federal implications of the transformation of the market freedoms into sources of fundamental rights for the Union citizen Alina Tryfonidou
    13. Perspectives on social citizenship in the EU - from status positivus to status socialis activus via two forms of transnational solidarity Dagmar Schiek
    14. A citizenship right to stay? The right not to move in a Union based on free movement Sara Iglesias Sánchez
    15. 'Scelestus europeus sum': what protection against expulsion EU citizenship offers to European offenders? Michal Meduna
    16. EU sexual citizenship: sex beyond the internal market Uładzisłaŭ Belavusaŭ
    17. EU citizenship and the European federal challenge through the prism of family reunification Stanislas Adam and Peter Van Elsuwege
    18. The right to stay at home: a basis for expanding European family rights Gareth Davies
    19. EU citizenship and the right to care Nathan Cambien
    20. Union citizenship and disability: restricted access to equality rights and the attitudinal model of disability Charlotte O'Brien
    21. Data privacy rights and citizenship: notes on federalism all the way up Bilyana Petkova
    22. The federal imbedding of citizens in the European Union Member States' criminal law, or how EU citizenship is shaping criminal law Hanneke van Eijken and Tony P. Marguery
    23. The right of EU citizens to diplomatic and consular protection: a step toward recognition of EU citizenship in third countries? Patrizia Vigni
    Part III. Broader Implications and Limitations:
    24. Individual rights, interstate equality, state autonomy: European horizontal citizenship and its (lonely) playground from a trans-Atlantic perspective Francesca Strumia
    25. EU citizenship and fundamental rights: contradictory, converging, or complementary? Dominik Düsterhaus
    26. Reverse Solange - Union citizenship as a detour on the route to European rights protection against national infringements Johanna Croon-Gestefeld
    27. Union citizenship re-imagined: the scope of intervention of EU institutions Jože Štrus
    28. Frontiers of EU citizenship: three trajectories and their methodological limitations Daniel Thym
    29. EU citizenship and its relevance for EU exit and secession Phoebus L. Athanassiou and Stéphanie Laulhé Shaelou
    30. Epilogue on EU citizenship: hopes and fears Koen Lenaerts and José A. Gutiérrez-Fons.

  • Editor

    Dimitry Kochenov, Rijksuniversiteit Groningen, The Netherlands
    Dimitry Kochenov is Professor of EU Constitutional Law at Rijksuniversiteit Groningen, The Netherlands and Visiting Professor at the College of Europe, Natolin. He has held fellowships and visiting professorships worldwide, including at Princeton University, New Jersey (Crane Fellowship in Law and Public Affairs, Woodrow Wilson School), New York University Law School (Émile Noël Fellowship), Osaka Graduate School of Law, and as Visiting Chair in Private Law at the Università degli Studi di Torino, Italy. He has advised international institutions and governments and has published widely in the areas of EU constitutional law and citizenship.

    Contributors

    Dimitry Kochenov, Martijn van den Brink, Maciej Szpunar, María Esther Blas López, José Luís da Cruz Vilaça, Alessandra Silveira, Niamh Nic Shuibhne, Loïc Azoulai, Eleanor Spaventa, Daniel Sarmiento, Eleanor Sharpston, Antje Wiener, Federico Fabbrini, Mark L. Flear, Alina Tryfonidou, Dagmar Schiek, Sara Iglesias Sánchez, Michal Meduna, Uładzisłaŭ Belavusaŭ, Stanislas Adam, Peter Van Elsuwege, Gareth Davies, Nathan Cambien, Charlotte O'Brien, Bilyana Petkova, Hanneke van Eijken, Tony P. Marguery, Patrizia Vigni, Francesca Strumia, Dominik Düsterhaus, Johanna Croon-Gestefeld, Jože Štrus, Daniel Thym, Phoebus L. Athanassiou, Stéphanie Laulhé Shaelou, Koen Lenaerts, José A. Gutiérrez-Fons

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