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Questioning EU Citizenship

Judges and the Limits of Free Movement and Solidarity in the EU

Editor(s): Daniel Thym
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Published: 28-12-2017
Format: Hardback
Edition: 1st
Extent: 344
ISBN: 9781509914685
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £80.00
Online price : £72.00
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Loren Epson

About Questioning EU Citizenship

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.

Table Of Contents

1. Introduction: The Judicial Deconstruction of Union Citizenship
Daniel Thym
2. Extending Citizenship Rights and Losing it All: Brexit and the Perils of 'Over-Constitutionalisation'
Susanne K Schmidt
3. The Citizenship of Personal Circumstances in Europe
Dimitry Kochenov
4. (De)constructing the Road to Brexit: Paving the Way to Further Limitations on Free Movement and Equal Treatment?
Stephanie Reynolds
5. Why Did the Citizenship Jurisprudence Change?
Urška Šadl and Suvi Sankari
6. The Evolution of Citizens' Rights in Light of the European Union's Constitutional Development
Daniel Thym
7. The Engine of 'Europeanness'? Free Movement, Social Transnationalism and European Identification
Ettore Recchi
8. European Citizenship and Transnational Rights: Chronicles of a Troubled Narrative
Francesca Strumia

9. Consolidating Union Citizenship: Residence and Solidarity Rights for Jobseekers and the Economically Inactive in the Post-Dano Era
Ferdinand Wollenschläger
10. Back to the Roots? No Access to Social Assistance for Union Citizens who are Economically Inactive
Paul Minderhoud and Sandra Mantu
11. Integrating Union Citizenship and the Charter of Fundamental Rights
Niamh Nic Shuibhne

12. The Constitutional Status of Foreigners and European Union Citizens: Loopholes and Interactions in the Scope of Application of Fundamental Rights
Sara Iglesias Sánchez
13. The Integration Exception: A New Limit to Social Rights of Third-Country Nationals in European Union Law?
KM (Karin) de Vries
14. Membership without Naturalisation? The Limits of European Court of Human Rights Case Law on Residence Security and Equal Treatment
Clíodhna Murphy
15. Conclusion: The Non-Simultaneous Evolution of Citizens' Rights
Dora Kostakopoulou and Daniel Thym


“[T]he volume is of consistent and high academic quality, and it is a must-have for every researcher interested in EU citizenship law and, beyond that, the challenges that European integration is facing today.” –  Sébastien Platon, Common Market Law Review

“[W]orthwhile, stimulating, and informative reading for those with an interest in the role of EU citizenship in this troubled context of people movement.” –  Christopher Harding, Aberystwyth University, International Journal of Refugee Law

“This excellent book can be recommended to a wide range of readers, especially those wishing to gain insight and advance their knowledge in the field of EU citizenship, social security coordination and migration law. It is especially relevant for researchers, social partners and policymakers, particularly for those with a legal, academic or policy background.” –  Primoz Rataj, University of Ljubljana, European Journal of Social Security

Questioning EU Citizenship is a rich collection, it is a timely and significant contribution to the ongoing debates on EU citizenship … The volume is highly recommended for anyone interested in EU citizenship.” –  Hanneke van Eijken, EU Law Live

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