European Citizenship after Brexit


Book Description

This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members. The status of European citizenship and connected rights are first presented. Chapter Two focuses on the legal uncertainty that afflicts second country nationals in the United Kingdom as well as British citizens, turning from expats to post-European third country nationals. Chapter Three describes the functionalist theory and delineates three ways in which it applies to Brexit. These three directions of inquiry are developed in the following chapters. Chapter Four focuses on the intension of Union citizenship: Which rights can be frozen? Chapter Five determines the extension of Union citizenship: Who gets to withdraw the status? The key finding is that while Member states are in principle free to revoke the status of Union citizen, former Member states are not unbounded in stripping Union citizens of their acquired territorial rights. Conclusions are drawn and policy-suggestions summed up in the final chapter.




EU Citizenship and Free Movement Rights


Book Description

EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.




EU Citizenship, Nationality and Migrant Status


Book Description

In EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge, Kristīne Krūma offers an account of the regulation of nationality at international, EU and national (Latvian) levels. Growing global migration and multiple individual loyalties lead to a fusion of national identities traditionally preserved by the EU Member States. Dismantling national borders and granting directly effective rights to EU citizens broadens our understanding about belonging only to the limited territory of a single State. The primary focus is the status of the EU citizenship, which has become a meaningful status capable of satisfying claims by citizens. The Latvian example shows that migrant status cannot be ignored because of the crucial role of migrants in the future construct of the EU.




EU Citizenship and Federalism


Book Description

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.




The Politics of European Citizenship


Book Description

As the European Union faces the ongoing challenges of legitimacy, identity, and social cohesion, an understanding of the social purpose and direction of EU citizenship becomes increasingly vital. This book is the first of its kind to map the development of EU citizenship and its relation to various localities of EU governance. From a critical political economy perspective, the authors argue for an integrated analysis of EU citizenship, one that considers the interrelated processes of migration, economic transformation, and social change and the challenges they present.




Contingent Citizenship


Book Description

In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards. In practice, two grounds upon which loss of citizenship takes place stand out: fraud in the context of fraudulent acquisition of nationality and terrorism in the context of national security. Newly naturalised citizens and citizens of immigrant origin are mainly targeted by these measures. The resurrection of the importance attached to loyalty as the citizen’s main duty towards his/her state shows that the rules on loss of citizenship are capable of expressing ideals of membership and identity, while the citizenship status of certain citizens remains contingent upon meeting these ideals.




Debating European Citizenship


Book Description

This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.




The Transformation of Citizenship in the European Union


Book Description

This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.




Civil Rights and EU Citizenship


Book Description

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 Citizenshipprovides 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. Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, Á.E. Menéndez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. Vega




The EU and Human Rights


Book Description

For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.