European Citizenship after Brexit

European Citizenship after Brexit PDF

Author: Patricia Mindus

Publisher: Springer

Published: 2017-04-04

Total Pages: 123

ISBN-13: 3319517740

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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.

European Citizenship After Brexit

European Citizenship After Brexit PDF

Author: Patricia Mindus

Publisher: Saint Philip Street Press

Published: 2020-10-09

Total Pages: 126

ISBN-13: 9781013287312

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This 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. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

European Citizenship under Stress

European Citizenship under Stress PDF

Author: Nathan Cambien

Publisher: BRILL

Published: 2020-09-07

Total Pages: 562

ISBN-13: 9004433074

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European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

EU Citizenship Law and Policy

EU Citizenship Law and Policy PDF

Author: Dora Kostakopoulou

Publisher: Edward Elgar Publishing

Published: 2020-09-25

Total Pages: 192

ISBN-13: 1786431599

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This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy.

European Citizenship after Brexit

European Citizenship after Brexit PDF

Author: Patricia Mindus

Publisher: Palgrave Macmillan

Published: 2017-04-12

Total Pages: 123

ISBN-13: 9783319517735

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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.

BREXIT and its Consequences for UK and EU Citizenship or Monstrous Citizenship

BREXIT and its Consequences for UK and EU Citizenship or Monstrous Citizenship PDF

Author: Elspeth Guild

Publisher: BRILL

Published: 2016-12-08

Total Pages: 101

ISBN-13: 9004340890

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This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.

The EU Citizenship Directive: a Commentary

The EU Citizenship Directive: a Commentary PDF

Author: Elspeth Guild

Publisher:

Published: 2019-10

Total Pages: 401

ISBN-13: 0198849389

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The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Whodetermines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a "third State")? What is the position of EU citizens who move to one Member State, and then return to their home Member State?This book provides a comprehensive commentary of the EU's Citizens' Directive tracing the evolution of the Directive's provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive'sconstituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case-law of the Court of Justice as well as of related measures impacting upon the Directive'sinterpretation including European Commission reports and guidelines on the Directive's implementation.This fully-updated new edition includes dscussion of relevant case law since the first edition, and has been expanded to include detailed discussion of rights of EU and UK citizens after Brexit in the withdrawal agreement.

The Reconceptualization of European Union Citizenship

The Reconceptualization of European Union Citizenship PDF

Author: Elspeth Guild

Publisher: Martinus Nijhoff Publishers

Published: 2014-01-09

Total Pages: 423

ISBN-13: 9004251529

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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.

EU Citizenship and Federalism

EU Citizenship and Federalism PDF

Author: Dimitry Kochenov

Publisher: Cambridge University Press

Published: 2017-04-13

Total Pages: 869

ISBN-13: 1108146112

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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.

After Brexit

After Brexit PDF

Author: Nazaré da Costa Cabral

Publisher: Springer

Published: 2017-12-18

Total Pages: 425

ISBN-13: 3319666703

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This topical and important book identifies the short to medium-term economic, financial and social consequences of Brexit. Containing perspectives from leading thinkers across legal, economic and financial fields, it considers both the general effect of UK withdrawal on the European integration process, and the specific impact on the free movement of capital, goods and people. Addressing the main areas within both the UK and the EU that can and will be affected by Brexit, including the financial sector, immigration, social rights and social security, After Brexit: Consequences for the European Union will make fascinating reading for all those currently engaged in the study and practice of Law, Economics, Finance, Political Science, Philosophy, History and International Affairs.