The Rise and Decline of Fundamental Rights in EU Citizenship (Modern Studies in European Law)

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. Volume 90 in the Series Modern Studies in European Law Foreword Acknowledgements Contents Abbreviations Table of Cases 1. Examining EU Citizenship and its Relationship with EU Fundamental Rights I. Introduction II. Linking EU Citizenship and Fundamental Rights III. The Legal Culture of the Court IV. Judicial Instruments in EU Citizenship Law V. The Three Ages of EU Citizenship 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 III. Cross-border Residency IV. Conclusion 3. The Growing Potential of EU Citizenship's Relationship with Fundamental Rights I. Introduction II. Fundamental Rights in EU Citizenship Pre-Lisbon III. Fundamental Rights in EU Citizenship Post-Lisbon IV. Conclusion 4. The Constitutional Crisis of EU Citizenship and Fundamental Rights I. Introduction II. The Aftermath of Zambrano III. EU Citizenship Cases after Zambrano IV. Conclusion 5. Fundamental Rights and EU Citizenship in a Eurosceptic EU I. Introduction II. The Effect of Europe's Crisis on its Citizens III. Linking EU Fundamental Rights with EU Citizenship 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 III. A 'Just' Brexit? IV. Conclusion 7. Concluding Thoughts Bibliography Index Présentation de l'éditeur : "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." "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"--Bloomsbury Publishing. "This book argues that there is an inherent relationship between EU fundamental rights and EU citizenship; namely they both have the same aim of protecting the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). However, it suggests that that relationship in recent years has been weakened as the Court has entered increasingly sensitive territory with regards protection of citizenship rights and fundamental rights. Writing in the post EU referendum environment, the author argues that this decline is attributable to the Euroscepticism which has worsened since the Eurozone crisis and arguments that leaving the EU would reduce immigration from the EU. It offers one of the first comments on the current political atmosphere. This is important given rising fears of immigration which underlie much of the dissatisfaction with the EU project, not a feeling prevalent only in the UK. It will 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"-- Provided by publisher