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Vol 24 No 9 Sept/Oct 2019

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The Rise and Decline of Fundamental Rights in EU Citizenship


ISBN13: 9781509917938
Published: March 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



Low stock.

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.

Subjects:
Human Rights and Civil Liberties, EU Law
Contents:
1. Examining EU Citizenship and its Relationship with EU Fundamental Rights
I. Introduction
II. Linking EU Citizenship and Fundamental Rights
A. Understanding EU Fundamental Rights
B. Legitimacy and Solidarity in the EU
C. The Role of the Court
III. The Legal Culture of the Court
IV. Judicial Instruments in EU Citizenship Law
A. The Principle of Non-discrimination (Article 18 TFEU)
B. The Principle of Proportionality
C. Protecting National Welfare Systems and the ‘Genuine Link’ Test
D. The ‘Purely Internal Situations’ Rule
E. The ‘Deprivation of Genuine Enjoyment’ Test
V. The Three Ages of EU Citizenship
A. The Age of Uncertainty: The UK’s Withdrawal from the EU
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
A. Workers and Family Life
B. Non-discrimination as a Fundamental Right
C. Fundamental Rights Protection through Proportionality
D. Proving a Genuine Link
III. Cross-border Residency
A. The Purely Internal Situations Rule
B. Respect for Family Life and Identity
C. An Increasingly Tenuous Cross-border Link
D. The Problem of Reverse Discrimination
IV. Conclusion
3. The Growing Potential of EU Citizenship’s Relationship with Fundamental Rights
I. Introduction
II. Fundamental Rights in EU Citizenship Pre-Lisbon
A. AG Jacobs’ Opinion in Konstantinidis (1992)
B. The Rise of Fundamental Rights Protection in EU Citizenship
C. AG Colomer’s Opinion in Petersen (2008)
III. Fundamental Rights in EU Citizenship Post-Lisbon
A. Post-Lisbon, but Pre-Zambrano
B. AG Sharpston’s Opinion in Zambrano (2010)
i. Residency Rights and Third Country Nationals
ii. Fundamental Rights
C. An Independent Legal Basis for Citizenship Rights
IV. Conclusion
4. The Constitutional Crisis of EU Citizenship and Fundamental Rights
I. Introduction
II. The Aftermath of Zambrano
A. Restricting Scope in the McCarthy and Dereci Cases
B. ‘Genuine Enjoyment’ and Fundamental Rights
III. EU Citizenship Cases after Zambrano
A. ‘Genuine Enjoyment’ after McCarthy and Dereci
B. Patterns in Recent Case Law
IV. Conclusion
5. Fundamental Rights and EU Citizenship in a Eurosceptic EU
I. Introduction
II. The Effect of Europe’s Crisis on its Citizens
A. Struggles of the Status of EU Citizenship
B. The Effect of the Charter of Fundamental Rights
III. Linking EU Fundamental Rights with EU Citizenship
A. Implications of Human Rights Protection under the ECHR
B. Limits on Linking EU Fundamental Rights with EU Citizenship Status
C. The ECHR and EU Citizenship Going Forward
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
A. An Increasingly Eurosceptic UK and Deferential CJEU
B. Negotiating Citizens’ Rights
III. A ‘Just’ Brexit?
A. Human Rights as Realised by International Standards
B. Weaknesses of the ECHR
IV. Conclusion
7. Concluding Thoughts

Series: Modern Studies in European Law

Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published August 2021
Hart Publishing
£75.00
EU Governance of GMOs ISBN 9781841138039
To be published August 2020
Hart Publishing
£50.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published August 2020
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£35.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
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£100.00
Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published June 2020
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£70.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published May 2020
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£90.00
EU Criminal Law 2nd ed ISBN 9781849464581
To be published May 2020
Hart Publishing
£35.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published March 2020
Hart Publishing
£63.00
The Use of Force and Article 2 of the ECHR in Light of European Conflicts ISBN 9781509936915
To be published March 2020
Hart Publishing
£35.00
Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published March 2020
Hart Publishing
£58.00
The Rule of Law in the European Union: The Internal Dimension ISBN 9781509935178
To be published January 2020
Hart Publishing
£25.00
The Juridification of Individual Sanctions and the Politics of EU Law ISBN 9781509909797
To be published January 2020
Hart Publishing
£70.00
The European Union and Social Security Law ISBN 9781509935697
To be published December 2019
Hart Publishing
£30.00
The EU and Nanotechnologies: A Critical Analysis ISBN 9781509935659
To be published December 2019
Hart Publishing
£35.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781509935734
To be published December 2019
Hart Publishing
£30.00
EU Liability and International Economic Law ISBN 9781509933082
To be published October 2019
Hart Publishing
£30.00
Republican Europe ISBN 9781509933051
To be published October 2019
Hart Publishing
£30.00
Critical Reflections on Constitutional Democracy in the European Union ISBN 9781509933259
Published October 2019
Hart Publishing
£85.00
Marketing and Advertising Law in a Process of Harmonisation ISBN 9781509932122
Published September 2019
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£35.00
Citizenship, Crime and Community in the European Union ISBN 9781509915361
Published August 2019
Hart Publishing
£70.00
The European Union’s External Action in Times of Crisis ISBN 9781509928798
Published April 2019
Hart Publishing
£42.99
The Pluralist Character of the European Economic Constitution ISBN 9781509926442
Published December 2018
Hart Publishing
£30.00
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781509924493
Published August 2018
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£27.99
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£70.00
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£70.00
£63.00 + £12.60 VAT
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Published April 2018
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£29.99
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Published March 2018
Hart Publishing
£37.99
Uniformity of Customs Administration in the European Union ISBN 9781509920020
Published February 2018
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£29.99
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£32.99
£65.00
Environmental Crime in Europe ISBN 9781509914012
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£75.00
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£55.00
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£55.00
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£70.00
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£90.00
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£80.00
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£60.00
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£26.99
£70.00
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£65.00
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Hart Publishing
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£49.99
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Published March 2015
Hart Publishing
£70.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£60.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
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Hart Publishing
£60.00
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Published September 2014
Hart Publishing
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Hart Publishing
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The EU Accession to the ECHR ISBN 9781849465236
Published July 2014
Hart Publishing
£75.00
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published June 2014
Hart Publishing
£70.00
EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published June 2014
Hart Publishing
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Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
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Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
Published May 2014
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£28.99
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
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Hart Publishing
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Published February 2014
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£65.00
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£50.00
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Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£65.00
Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
Hart Publishing
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Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
Hart Publishing
£65.00
The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
Hart Publishing
£80.00
The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
Hart Publishing
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
Hart Publishing
£117.00 + £23.40 VAT
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£130.00
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£70.00
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Federalism in the European Union (eBook) ISBN 9781847319982
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Hart Publishing
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Federalism in the European Union ISBN 9781849462426
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Hart Publishing
£90.00
Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
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Hart Publishing
£36.99
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EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
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Hart Publishing
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
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The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
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Hart Publishing
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
Hart Publishing
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
Hart Publishing
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
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Hart Publishing
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The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£75.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£65.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
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Hart Publishing
£41.99
£110.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£120.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
£225.00
EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
£49.99
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
Hart Publishing
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£64.99
Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£39.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£85.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£54.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
£110.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
£85.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
£70.00
National Remedies Before The Court of Justice ISBN 9781841133959
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Hart Publishing
£70.00
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
£110.00
Publication Abandoned