Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU (Modern Studies in European Law)

The question of supranational citizenship is one of the more controversial in EU 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 with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship. Volume 83 in the Series Modern Studies in European Law Contents List of Contributors 1. Introduction: The Judicial Deconstruction of Union Citizenship I. Political, Legal and Conceptual Contestation II. Deconstructing Supranational Citizenship III. The Tradition of 'Integration through Law' IV. Methodology: The Law, its Context and Explanations for Change V. Outline of the Book PART I: RATIONALISING JUDICIAL CHANGE 2. Extending Citizenship Rights and Losing it All: Brexit and the Perils of 'Over-Constitutionalisation' I. Introduction II. Shaping Citizenship Rights between the Will of the Court and the Legislator III. When Over-Constitutionalisation Touches the Ground: The Problems of the UK IV. The UK after Eastern Enlargement V. Conclusion 3. The Citizenship of Personal Circumstances in Europe I. The Global Thinning of Citizenship Explained II. The Advent of Personhood as a De Facto Alternative to Citizenship Thinking III. The Rise of the Citizenship of Personal Circumstances in the EU IV. Undermining Rights through Attention to CVs 4. (De)constructing the Road to Brexit: Paving the Way to Further Limitations on Free Movement and Equal Treatment? I. Introduction II. An Overview of the Safeguard Mechanism III. The Judicial (De)construction of Union Citizenship: The Court-Furnished Foundations of the Safeguard Mechanism IV. Gone but not Forgotten? Speculating on the Re-Emergence of the Safeguard V. Conclusion 5. Why Did the Citizenship Jurisprudence Change? I. Setting the Scene II. Theoretical Framework and Methodology III. Legal Analysis IV. Jurisprudential Shift in the Context of Internal and External Crisis V. Conclusion 6. The Evolution of Citizens' Rights in Light of the European Union's Constitutional Development I. Introduction II. Two Competing Models III. Social Benefits and Transnational Solidarity IV. Membership in Political Communities V. Migration, Mobility and Social Cohesion VI. Conclusion 7. The Engine of 'Europeanness'? Free Movement, Social Transnationalism and European Identification I. The Spatial Bases of European Identification II. Assessing the 'Free Movement' Effect III. Conclusion 8. European Citizenship and Transnational Rights: Chronicles of a Troubled Narrative I. Introduction II. The Court of Justice and the Narrative of Transnational Rights III. A Wavering Narrative IV. The Limits of the Narrative of Rights and the Way Forward V. Conclusion 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 I. Consolidating Union Citizenship II. The Introduction of Union Citizenship: A Turning Point for Free Movement of Economically Inactive Persons III. Residence and Solidarity Rights for Jobseekers and the Economically Inactive under the Current Legal Framework IV. Conclusion: Consolidating the Acquis 10. Back to the Roots? No Access to Social Assistance for Union Citizens who are Economically Inactive I. Introduction II. Free Movement and Social Rights under Directive 2004/38 III. The Limits of Equal Treatment for EU Citizens IV. The Court' s View on Entitlement of EU Citizens to Social Rights V. Conclusion 11. Integrating Union Citizenship and the Charter of Fundamental Rights I. Introduction II. Articles 51 and 52 of the Charter: The Basic Framework III. Citizenship and Article 51: Delimiting the Scope of the Charter through the Condition of Implementing Union Law IV. Citizenship and Article 52: Reconciling the Charter and the Treaty V. Conclusion 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 I. Introduction II. Nationality and the Charter III. The Scope of EU Law and the Nationality Divide IV. The Scope of EU Fundamental Rights for Citizens and Foreigners V. Concluding Remarks 13. The Integration Exception: A New Limit to Social Rights of Third-Country Nationals in European Union Law? I. Introduction II. Integration, Solidarity and Citizenship III. Integration and Solidarity in EU Immigration and Asylum Law IV. The 'Integration Exception' V. Integration as a New Limit to TCNs' Social Rights VI. Concluding Remarks 14. Membership without Naturalisation? The Limits of European Court of Human Rights Case Law on Residence Security and Equal Treatment I. Resisting Expulsion on the Grounds of Article 8 and Private Life II. A Problematic Conception of Membership III. Doctrinal Uncertainty and Unpredictability of Outcomes IV. Naturalisation without Membership? Biao v Denmark and the Limited Utility of Article 14-Based Arguments V. Conclusion 15. Conclusion: The Non-Simultaneous Evolution of Citizens' Rights I. The Non-Simultaneity of the Simultaneous II. How to Explain the Change in the Case Law III. Social Benefits and the Emergence of Unequal Citizenship IV. 'Alternate Takes' Index Introduction : the judicial deconstruction of Union citizenship / Daniel Thym -- Extending citizenship rights and losing it all : brexit and the perils of "over-constitutionalisation" / Susanne K Schmidt -- The citizenship of personal circumstances in Europe / Dimitry Kochenov -- (De)Constructing the road to brexit : paving the way to further limitations on free movement and equal treatment? / Stephanie Reynolds -- Why did the citizenship jurisprudence change? / Urška Šadl and Suvi Sankari -- The evolution of citizens : rights in light of the European Union's constitutional development / Daniel Thym -- The engine of "europeanness" : free movement, social transnationalism and European identification / Ettore Recchi -- European citizenship and transnational rights : chronicles of a troubled narrative / Francesca Strumia -- Consolidating union citizenship : residence and solidarity rights for jobseekers and the economically inactive in the post-Dano era / Ferdinand Wollenschläger -- Back to the roots : no access to social assistance for Union citizens who are economically inactive / Paul Minderhoud and Sandra Mantu -- Integrating Union citizenship and the Charter of Fundamental Rights / Niamh Nic Shuibhne -- The constitutional status of foreigners and European Union citizens : loopholes and interactions in the scope of application of fundamental rights / Sara Iglesias Sánchez -- The integration exception : a new limit to social rights of third-country nationals in European Union law? / Karin De Vries -- Membership without naturalisation? : the limits of European Court of Human Rights case law on residence security and equal treatment / Clíodhna Murphy -- Conclusion : the non-simultaneous evolution of citizens' rights / Dora Kostakopoulou and Daniel Thym Présentation de l'éditeur : "The question of supranational citizenship is one of the more controversial in EU 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 with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship."