Civil Rights And Eu Citizenship
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Civil Rights And Eu Citizenship
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Author : Sybe de Vries
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
Civil Rights And Eu Citizenship written by Sybe de Vries and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Law categories.
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike.
Claiming Citizenship Rights In Europe
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Author : Daniele Archibugi
language : en
Publisher: Routledge
Release Date : 2017-12-14
Claiming Citizenship Rights In Europe written by Daniele Archibugi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Political Science categories.
While the European integration project is facing new challenges, abandonments and criticism, it is often forgotten that there are powerful legal instruments that allow citizens to protect and extend their rights. These instruments and the actions taken to activate them are often overlooked and deliberately ignored in the mainstream debates. This book presents a selection of cases in which legal institutions, social movements, avant-gardes and minorities have tried, and often succeeded, to enhance the current state of human rights through traditional as well as innovative actions. The chapters of this book investigate some of the cases in which the gap between the conventionally recognized rights and those advocated is becoming wider and where traditionally disadvantaged groups raise new problems or new issues are emerging concerning individual freedom, transparency and accountability, which are not yet properly addressed in the current political and legal landscape. Can political institutions and courts without coercive power of last resort actually foster more progressive rights? This book suggests that the expansion of human rights might be a viable strategy to generate a proper European citizenship. This text will be of key interest to scholars and students of European Studies, Politics and International Relations, Law and Society, Sociology and Migration Studies and more broadly to NGOs and policy advisers.
Frontiers Of Equality In The Development Of Eu And Us Citizenship
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Author : Jeremy B. Bierbach
language : en
Publisher: Springer
Release Date : 2017-02-09
Frontiers Of Equality In The Development Of Eu And Us Citizenship written by Jeremy B. Bierbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.
This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.
Eu Citizenship At The Edges Of Freedom Of Movement
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Author : Katarina Hyltén-Cavallius
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
Eu Citizenship At The Edges Of Freedom Of Movement written by Katarina Hyltén-Cavallius and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
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.
Moving Beyond Barriers
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Author : Sandra Seubert
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Moving Beyond Barriers written by Sandra Seubert and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This book identifies, analyses and compares a variety of possible ‘barriers’ to the exercise of European citizenship and discusses ways to move beyond these barriers. It contributes in a multi-disciplinary way to a highly topical issue and offers new perspectives on EU citizenship in the sense that it critically analyses concepts of citizenship, the way EU citizenship is politically, legally and socially institutionalized, and elaborates alternatives to the current paths of realizing EU citizenship.
Citizenship Rights And Freedom Of Movement In The European Union
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Author : Francesco Rossi dal Pozzo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-07-11
Citizenship Rights And Freedom Of Movement In The European Union written by Francesco Rossi dal Pozzo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-11 with Law categories.
Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is extensive and reaches into many areas of practice at every level. Prompted by the declaration of 2013 as the ‘Year of Citizens’, the author of this book offers a detailed analysis of the rationales underlying the development of the EU citizenship concept, the directives and regulations that define citizen status, and the cases that have so far worked to clarify the meaning and limits of such status, all with particular attention to the obstacles that still come between the actual exercise of rights in everyday life. The multifarious issues raised include the following: the Charter of Fundamental Rights and the EU citizen’s status; changes introduced by the Treaty of Lisbon; limitations on Member States with regard to granting and revoking nationality; participation of EU citizens in the decision making processes governing the EU; right to recourse to the European Ombudsman; right of access to documents; registration at a host Member State’s competent public offices; limitations of entry due to reasons of public policy, public security, and public health; procedural safeguards in the case of measures limiting freedom of movement; the condition of migrant workers; restrictions to freedom of movement for ‘employment in the public sector’; and the condition of family members of EU citizens. An appendix gathers legislative documents most often cited in the case law. Closely examining the various institutions concerned, case law (Member State as well as Court of Justice), and legislative innovations, the author concentrates on identifying and overcoming those obstacles that still prevent full enjoyment of EU citizenship rights. While the clear demarcation of issues will be of especial practical value in anti-discrimination cases, legal academics and jurists will appreciate the book’s signal new contribution to a classic theme of the European Union.
Eu Citizenship And Social Rights
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Author : Frans Pennings
language : en
Publisher: Edward Elgar Publishing
Release Date :
Eu Citizenship And Social Rights written by Frans Pennings and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.
The Reconceptualization Of European Union Citizenship
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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-01-09
The Reconceptualization Of European Union Citizenship written by Elspeth Guild and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-09 with Law categories.
This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.
The Legal Elements Of European Identity
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Author : Elspeth Guild
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Legal Elements Of European Identity written by Elspeth Guild and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity'that is, the rights to entry, residence, work, family life, and protection from expulsion'through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders;the limitations of citizenship of the Union as currently construed;social benefits of citizenship;residence; immigration;family reunification;human rights of foreigners;asylum;expulsion and readmission;racial discrimination; andlong-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.
European Citizenship In Perspective
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Author : Jan van der Harst,
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
European Citizenship In Perspective written by Jan van der Harst, and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with History categories.
Civil, economic, political and social rights are at the centre of the concept of European citizenship. In this volume, the focus is on the political-constitutional dimension of European citizenship, which is discussed from the perspective of several disciplines – history, constitutional law and political science. It provides a multi-faceted account of the evolution of European citizenship and its institutionalization, explaining why certain rights came into existence at a certain time and focussing on several key actors involved, such as the European Court of Justice.