Fissures in EU Citizenship

2022 ◽  
Author(s):  
Martin Steinfeld
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Equal Treatment ◽  
Constructivist Approach ◽  
Bottom Up ◽  
Critical Questions ◽  
Core Concepts ◽  
Free Movement Of Persons ◽  
The Temple

This book argues that core concepts in EU citizenship law are riddled with latent fissures traceable back to the earliest case law on free movement of persons, and that later developments simply compounded such defects. By looking at these defects, not only could Brexit have been predicted, but it could also have been foreseen that unchecked problems with EU citizenship would potentially lead to its eventual dismantling during an era of widespread populism and considerable challenges to further integration. Using a critical constructivist approach, the author painstakingly outlines the 'temple' of citizenship from its foundations upwards, and offers a deconstruction of concepts such as 'worker', the role of non-economic actors, the principle of equal treatment, and utterances of citizenship. In identifying inherent fissures in the concept of solidarity and post national identification, this book poses critical questions and argues that we need to reconstruct EU citizenship from the bottom up.

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

scholarly journals Libre circulación de personas y Derecho Internacional Privado: un análisis a la luz de la jurisprudencia del Tribunal de Justicia de la Unión Europea = Free movement of persons and International Private Law: an analysis in the light of the case law of the European Court of Justice

2017 ◽  
Vol 9 (2) ◽  
pp. 106
Author(s):  
Irene Blázquez Rodríguez
Keyword(s):  
International Law ◽  
Mutual Recognition ◽  
Case Law ◽  
Free Movement ◽  
Legal Person ◽  
Private International Law ◽  
European Court ◽  
Palabras Clave ◽  
European Citizenship ◽  
Free Movement Of Persons

Resumen: El objetivo de este trabajo es analizar la interacción entre la libre circulación de per-sonas y el Derecho internacional privado. Mediante esta dimensión se profundiza en la esencia de esta movilidad intra-UE, al tiempo que se calibra el alcance del status civitatis europeo. Este estudio se sus-tenta en una jurisprudencia reciente –si  bien consolidada– del TJUE en la que se garantiza no sólo el desplazamiento sino también el reconocimiento de situaciones privadas en el espacio europeo, y ello con independencia de la regulación material o conflictual del Estado miembro de acogida. En esta acción, la persona tanto física como jurídica trasciende su propio Derecho nacional y adquiere una auténtica dimensión “europea”.Palabras clave: libre circulación de personas, ciudadanía de la Unión, Derecho internacional pri-vado, estatuto personal.Abstract: The aim of this paper is to analyse the interaction between the free movement of persons and private international law. This dimension deepens in the essence of this intra-EU mobility, at the same time as measuring the scope of the European status civitatis. This study is based on recent –yet already well defined– case law of the CJEU, guaranteeing not only the movement but also the mutual recognition of civil situations into the common European space, independent of substantive or conflict rules of the host member state. With this action, both natural and legal person go beyond their own na-tional law in order to acquire a truly “European” dimension.Keywords: free movement of persons, European citizenship, Private International Law, personal status.   

13. Citizenship and free movement rights: beyond economic links

2021 ◽  
pp. 453-479
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Equal Treatment ◽  
European Convention ◽  
The Political ◽  
Political Dimension ◽  
Union Citizenship ◽  
Charter Of Fundamental Rights ◽  
Free Movement Of Persons

This chapter discusses Union citizenship and free movement of persons rights in the EU for Union citizens and their spouses, partners, children and dependants. It examines the Charter of Fundamental Rights, the European Convention on Human Rights, the Free Movement or Citizenship Directive and the principle of equal treatment. The chapter also considers the facets of Union citizenship and the political dimension of Union citizenship with reference to the European Citizens’ Initiative. It concludes with a discussion on some of the challenges of Union citizenship.

Free Movement of Persons and Services

2021 ◽  
pp. 506-545
Author(s):  
Síofra O’Leary ◽  
Sara Iglesias Sánchez
Keyword(s):  
Case Law ◽  
Regulatory Framework ◽  
Free Movement ◽  
Critical Examination ◽  
Related Area ◽  
Union Citizenship ◽  
The Status ◽  
Free Movement Of Persons

This chapter maps the most relevant aspects of the evolution of the free movement of persons and services through the analysis of the main legislative and judicial developments in both fields. After looking at the salient legislative transformations in the last decades and the effects of codification—mostly through Directives 2004/38 and 2006/123—the chapter explores the parameters that delimit the three different freedoms concerned—workers, establishment, and services. A reassessment of the place and scope of the provisions on the free movement of persons is then offered through a critical examination of the interrelationship between the regulatory framework and case law concerning the free movement of persons, the status of Union citizenship, and developments in the distinct but related Area of Freedom, Security and Justice.

The EU ETS and the role of the courts: Emerging contours in the case of Arcelor

Climate Law ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 19-36 ◽  
Author(s):  
Marjan Peeters
Keyword(s):  
Case Law ◽  
Equal Treatment ◽  
Eu Ets ◽  
Specific Design ◽  
Valuable Contribution ◽  
Actual Case ◽  
Proper Design ◽  
Interesting Discussion ◽  
The Eu

This article presents an in-depth examination of how one of the EU’s courts has assessed a foundational claim against the EU ETS. It concerns the Arcelor case, in which a large steel company filed an application before the General Court of the EU requesting the partial annulment of the European legislation establishing the EU ETS and claiming damages. The industry lost the case, but the considerations of the court offer a valuable contribution to the much-needed broader discussion about the proper design of legislative frameworks for trading greenhouse gas emissions rights. In particular, the court provided an interesting discussion on the principle of equal treatment, the cancellation of allowances in the case of the closure of an installation, and the need for price regulation. However, some shortcomings in the court’s decision are evident. The article concludes by observing that, besides the interest in examining what the actual case law means for the specific design and application of emissions-trading schemes like the EU ETS, it is equally important to examine the ways in which courts succeed in assessing claims about this complicated regulatory instrument.

The self-perpetuation of EU constitutionalism in the area of free movement of persons: Virtuous or vicious cycle?

2013 ◽  
Vol 2 (1) ◽  
pp. 125-150 ◽  
Author(s):  
ANJA WIESBROCK
Keyword(s):  
Mutual Influence ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Inherent Feature ◽  
The Face ◽  
Initial Resistance ◽  
Free Movement Of Persons ◽  
The Eu

AbstractThis paper analyses the mutual influence and self-perpetuating cycle of legitimacy of EU legal scholars and the Court of Justice of the European Union (CJEU) in expanding and broadening the free movement rights of Union citizens and their family members. It is argued that legal scholars have played a dual role in promoting the constitutional paradigm of an ever-expanding scope of directly enforceable residence and movement rights in the EU. First, by presenting the expansion of free movement rights as an inevitable outcome of the EU constitutional order based on directly enforceable individual rights, scholars have played a significant role in legitimizing the jurisprudence of the Court in the face of initial resistance from the member states. Second, legal scholars have been an important source for the Court of Justice in developing its case law in this area. The Advocates General in their opinions have drawn on an expanding field of scholarship presenting the expansion of free movement rights as an inherent feature of the EU as a constitutional legal order. Spurred by the objective of turning the EU into more than an internal market, the opinions of the Advocates General have mostly been followed by the Court. Legal scholars have thus served not only as a legitimizing force, but also as a source of inspiration for the perceived constitutionalization of free movement rights in the EU.

scholarly journals Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination

2020 ◽  
Vol 13 (3) ◽  
pp. 89-108
Author(s):  
Henrik Wenander
Keyword(s):  
Social Security ◽  
Mutual Recognition ◽  
Case Law ◽  
Free Movement ◽  
Mutual Trust ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Legislative Choice

This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.

EU Law Directions

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Case Law ◽  
Subject Area ◽  
Free Movement ◽  
Eu Law ◽  
Academic Quality ◽  
Experience Teaching ◽  
Free Movement Of Persons ◽  
The Uk ◽  
Substantive Law ◽  
The Impact

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective, as well as taking into account the fast-moving events in the UK generated by the result of the Brexit referendum. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the impact of the Lisbon Treaty, including changes to Article 263 TFEU; consideration of the latest case law, in particular the growing post-Keck cases in the free movement of goods; and new and expanded case summaries. This edition also includes an introductory chapter on competition policy and law.

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