Assessing the Impact of European Union Citizenship: The Status and Rights of Romanian Nationals in Italy

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The question of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adoption of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was introduced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automatism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

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Fundamental Rights: The Missing Pieces of European Citizenship?

German Law Journal ◽

10.1017/s2071832200002625 ◽

2013 ◽

Vol 14 (10) ◽

pp. 2021-2039 ◽

Cited By ~ 4

Author(s):

Chiara Raucea

Keyword(s):

European Union ◽

Fundamental Rights ◽

Sufficient Condition ◽

Eu Law ◽

Citizenship Rights ◽

European Citizenship ◽

Fundamental Freedoms ◽

Union Citizenship ◽

The Status ◽

New Formula

All nationals of a Member State are Union citizens, and so, in principle, these citizens fall within the scope of European Union (EU) law ratione personae. However, the protection of European citizenship status (ECS) is a necessary but not a sufficient condition for enjoying European citizenship rights (ECRs). In order to bring a case within its jurisdiction, the Court of Justice of the European Union (CJEU) should also ascertain what the link is between ECRs and the scope of EU law (ratione materiae). Recently, the CJEU ruled that securing the “genuine enjoyment of the substance of the rights attaching to the status of European Union citizenship” is a sufficient condition to bring a case within the scope of EU law. This new formula challenges the traditional cross-border test: by referring to “genuine enjoyment,” it entails rethinking the CJEU's current practice of depicting the conditions under which a citizenship case should be considered ratione personae and ratione materiae within the scope of EU law. Importantly, the interpretative crux of this new formula concerns whether the Court has really opted for an innovative test of its jurisdiction, which may detach the protection of ECRs from the current exercise of fundamental freedoms. This paper critically maps out how the CJEU has gradually strengthened both the protection of the ECS and the protection of rights attaching to such status. It argues that the Court has recognized that the de facto exercise of fundamental freedoms is not the only way to establish a link between a EU citizenship case and the scope of EU law. On the contrary, the Court ruled that Art. 20 TFEU (on Union citizenship and European citizenship rights) can be invoked by Union citizens, even if they have never exercised their free movement rights, in order to challenge national measures, which “deprive citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the Union.” This interpretative move raises the question whether the new test concerning the substance of the rights attaching to the status of European citizens enhances the protection of fundamental freedoms, by also safeguarding the potential exercising of these freedoms in the future, or whether it calls for including the actual protection of fundamental rights (such as the right to respect family life) in the so-called “substance” of European citizenship rights. This paper argues that the Court's present approach indicates that the former is the case, casting doubts on the central position of fundamental rights with regards to European citizenship.

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The Impact of Political Events - “Name Issue” on an Emerging Macedonian Stock Market

Journal of Public Administration and Governance ◽

10.5296/jpag.v1i2.926 ◽

2011 ◽

Vol 1 (2) ◽

pp. 203 ◽

Cited By ~ 1

Author(s):

Julijana Angelovska

Keyword(s):

European Union ◽

Structural Changes ◽

Stock Exchange ◽

Abnormal Returns ◽

Candidate Country ◽

The European Union ◽

Political Events ◽

Before And After ◽

The Status ◽

The Impact

The objective of the research is to investigate the impact of political events – “name issue” on the Macedonian Stock Exchange (MSE). Structural changes in volatility of Macedonian capital market seems to be more a consequence of political changes, especially from the perspective of international politics and the association of the country into NATO and the European Union. The research analyzes the response of capital markets to political events. Such an event is the summit in Bucharest as the day D (03/04/2008) which certainly had an impact because of prolonged unresolved problem of the name imposed by Greece. Visa liberalization and the day of solving the status of candidate country for accession to the European Union will be discussed too. An event methodology is employed, and the results suggest that the market respond to all political events connected “name issue”. The results also indicate that there is no difference between the means of abnormal returns before and after the event. Sensitivity of the Macedonian investor related to any information connected to the word "name" is enormous. The Macedonian investor belief is that if “name” issue would be solved, regardless of possible negative real economic flows stock exchange will increase. The paper provides information regarding the effects of solving this name issue on Macedonian investor, and his expectation on this issue. But even if it is solved, the global economic crises and difficult economic situation in Macedonia especially this situation will be temporary and due to low liquidity, foreigners may use local optimism to sell their shares.

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Bicameral Conflict Resolution in the European Union: An Empirical Analysis of Conciliation Committee Bargains

British Journal of Political Science ◽

10.1017/s0007123407000142 ◽

2007 ◽

Vol 37 (2) ◽

pp. 281-312 ◽

Cited By ~ 58

Author(s):

THOMAS KÖNIG ◽

BJORN LINDBERG ◽

SANDRA LECHNER ◽

WINFRIED POHLMEIER

Keyword(s):

European Union ◽

Conflict Resolution ◽

Power Distribution ◽

Decision Procedure ◽

European Parliament ◽

Status Quo ◽

The European Union ◽

The Status ◽

Institutional Actors ◽

The Impact

This article is a study of bicameral conflict resolution between the Council and the European Parliament in the European Union, which has established a bicameral conciliation process under the co-decision procedure. Scholars commonly agree that the European Parliament has gained power under the co-decision procedure, but the impact of the conciliation process on the power distribution between the Council and the European Parliament remains unclear. The scholarly debate suggests that the power of the institutional actors depends on their proximity to the status quo, the (im-)patience and the specific preference distribution of the institutional actors, although most analyses assume that the Commission plays an insignificant role. Using an ordered probit model, this study examines the power distribution between the two institutional actors, the factors for their bargaining success and the role of the Commission in the period between 1999 and 2002. The findings show that the European Parliament wins most conflicts, but that the Council is more successful in multi-dimensional disputes. The results confirm some theoretical claims made in the literature, such as the importance of the status quo location and of preference cohesiveness. However, they also reject a major assumption in the literature on the irrelevance of the Commission in the conciliation process, which we show to have an influential informational position for parliamentary success.

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The Three Levels of Citizenship within the European Union

German Law Journal ◽

10.1017/s207183220001912x ◽

2014 ◽

Vol 15 (5) ◽

pp. 751-763 ◽

Cited By ~ 7

Author(s):

Rainer Bauböck

Keyword(s):

European Union ◽

Member State ◽

Basic Feature ◽

Democratic Legitimacy ◽

The European Union ◽

Union Citizenship ◽

The Status ◽

Level Model ◽

Standard Of Comparison ◽

The Eu

European Union citizenship is derived from Member State nationality. This fact often has been considered a “birth defect” to be overcome by either disconnecting EU citizenship from Member State citizenship or by reversing the relationship in a federal model so that Member State citizenship would be derived from that of the Union. I argue in this essay that derivative citizenship in a union of states can be defended as a potentially stable and democratically attractive basic feature of the architecture of the EU polity where EU citizenship is perceived of as one layer in a multi-level model of democratic membership in a union of states such as the EU. This perspective is not a defense of the status quo, but rather allows for—or even requires—a series of reforms addressing a number of inconsistencies and democratic deficiencies in the current citizenship regime.Most academics writing about Union citizenship tend to compare it to that which they know best: Nation State citizenship. It then comes as no surprise when they conclude that the current construction of EU citizenship is internally incoherent, externally not sufficiently inclusive, and also lacking in democratic legitimacy. To a certain degree, I agree with this criticism; however, such authors often apply the wrong standard of comparison and therefore are likely to promote faulty solutions. As the EU Treaties clearly have spelled out since the 1997 Treaty of Amsterdam, EU citizenship is complementary or additional to Member State nationality without replacing it. National citizenship is a constitutive element of EU citizenship and therefore cannot serve as an external standard of comparison.

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A geography of debauchery

Focaal ◽

10.3167/fcl.2008.510109 ◽

2008 ◽

Vol 2008 (51) ◽

pp. 113-131 ◽

Cited By ~ 2

Author(s):

Gustav Peebles

Keyword(s):

European Union ◽

Spatial Organization ◽

Ethnographic Research ◽

The European Union ◽

Migrant Laborers ◽

The Status ◽

Transnational City ◽

Spatial Imagination ◽

The Impact ◽

The Eu

By comparing the spatial organization of Swedish labor and leisure practices today with the movements and stereotypes tied to previous generations of Sweden's sizeable population of so-called "vagrants," this article studies the impact of state policy on the spatial imagination of both citizens and other sojourners within its bounds. Because the ethnographic research for the article took place in a new transnational city that is being created by the European Union and various local proponents, the article then considers the same issue at the EU level, to pursue the question of the EU's "state-ness" and the status of migrant laborers within that emerging polity.

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The Existential Crisis of Citizenship of the European Union: The Argument for an Autonomous Status

Cambridge yearbook of European legal studies ◽

10.1017/cel.2018.6 ◽

2018 ◽

Vol 20 ◽

pp. 116-146 ◽

Cited By ~ 4

Author(s):

Oliver GARNER

Keyword(s):

European Union ◽

Member State ◽

The European Union ◽

Legal Regime ◽

New Approach ◽

Autonomous Choice ◽

Existential Crisis ◽

Union Citizenship ◽

National Citizenship ◽

The Status

AbstractThis article argues for the (re)construction of citizenship of the European Union as an autonomous status. As opposed to the current legal regime, whereby individuals with nationality of a Member State are automatically granted citizenship of the Union, under this proposal individuals would be free to choose whether or not to adopt the status of citizen of an incipient European polity. At present, the telos and essence of citizenship of the Union is contested. It may be argued that the status is partial or incomplete. This has informed competing normative perspectives. ‘Maximalist’ positions praise the judicial construction of Union citizenship as destined to be the ‘fundamental status’ for all Member State nationals. By contrast, ‘minimalist’ positions argue that the status should remain ‘additional to’ Member State nationality, and the rights created therein should remain supplementary to the status and rights derived from national citizenship. This article will argue for a new approach to the dilemma. By emancipating the condition for acquisition of EU citizenship from nationality of a Member State, and reconstructing it as an autonomous choice for individuals, it is tentatively suggested that a new constitutional settlement for Europe may be generated.

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La incidencia del desarrollo de la Unión Europea en las categorías del derecho público francés = The impact of the development of the European Union in the french public law categories

Teoría y Realidad Constitucional ◽

10.5944/trc.32.2013.11782 ◽

2013 ◽

pp. 125

Author(s):

Vlad Constantinesco

Keyword(s):

European Union ◽

Public Law ◽

Eu Law ◽

Legal Systems ◽

The European Union ◽

The Status ◽

Important Notion ◽

The Impact ◽

The Eu

La construcción de la Unión Europea ha interactuado sistemáticamente con los ordenamientos jurídicos nacionales, de los que procede. El conjunto de reglas que vienen del Derecho de la UE ha desafiado las nociones básicas y las viejas categorías jurídicas construidas por los sistemas jurídicos nacionales. Este artículo analiza el impacto de la legislación de la UE sobre la importante noción de la soberanía-consustancial, en Francia, a la noción de Estado y, en segundo lugar, se examinan las consecuencias que la legislación de la UE podría producir sobre la situación de los nacionales franceses, que se han convertido, desde el Tratado de Maastricht, en ciudadanos de la Unión Europea. Los dos términos de la importante relación política, Estado y ciudadanos, se encuentran sin duda bajo la influencia del Derecho de la Unión Europea.The construction of the European Union has consistently interacted with national legal orders which it proceeds. The set of rules coming from EU Law has challenged the basic notions and the old legal categories built by national legal systems. This article considers the impact of EU law on the important notion of sovereignty - consubstantial, in France, to the notion of State and, secondly, examines what consequences the EU law could produce regarding the status of French nationals, which have become, since the Treaty of Maastricht, citizens of the European Union. The two terms of the major political relation: State and citizen, are definitely under EU Law influence.

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Groundwater and connected ecosystems: an overview of groundwater body status assessment in Croatia

Environmental Sciences Europe ◽

10.1186/s12302-019-0261-6 ◽

2019 ◽

Vol 31 (1) ◽

Author(s):

Željka Brkić ◽

Mladen Kuhta ◽

Ozren Larva ◽

Sanja Gottstein

Keyword(s):

European Union ◽

Surface Water ◽

Aquatic Ecosystems ◽

Groundwater Resources ◽

Series Data ◽

The European Union ◽

Groundwater Abstraction ◽

Hydrogeological Characteristics ◽

The Status ◽

The Impact

Abstract Background Croatia, as a Member State of the European Union, has to shape its water policy in accordance with the European Union Water Framework Directive. One of the tasks is to determine whether groundwater are susceptible to anthropogenic changes that would result in a significant surface water status reduction as well as terrestrial and aquatic ecosystems that directly depend on the groundwater. Methods Quality and quantity data on groundwater and surface water, as well as ecosystems data were collected from multiple sources. Data were analyzed for the selection groundwater associated aquatic and groundwater-dependent ecosystems. Chemical time series data were analyzed and compared with the national guideline limits set by the Croatian water quality standard. The impact of the groundwater abstraction on the groundwater-dependent ecosystem was considered by analyzing the aquifer hydrogeological characteristics, as well as location of the pumping site in relation of the ecosystem, the pumping rate and groundwater level or discharge. Results In karst areas of Croatia, groundwater-dependent aquatic ecosystems are predominant; while in the Pannonian area of Croatia, typically, there are groundwater-dependent terrestrial ecosystems. The status of groundwater bodies was defined as good. The analyzed chemical parameters are at acceptable concentration levels. Groundwater abstraction does not adversely affect most ecosystems. However, many springs that are captured for the water supply dry up in the summer. Given that this is also a common phenomenon at springs not captured, it has to be expected that such environments will be inhabited by organisms that have already adjusted to these conditions. Many different bioindicators have been found to indicate a good chemical and quantitative state of groundwater. Conclusions To increase the degree of reliability, research monitoring has been proposed. The monitoring should reduce knowledge gaps including an increase of knowledge of the status of the ecosystems, the definition boundary conditions and threshold values of a good quantitative and qualitative status for individual ecosystems. In future prospects, unavoidable focus has to be climate change that may compromise the availability of groundwater resources.

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The Mental Health and Social Exclusion European Network

European Psychologist ◽

10.1027//1016-9040.5.3.245 ◽

2000 ◽

Vol 5 (3) ◽

pp. 245-251 ◽

Cited By ~ 9

Author(s):

Luigi Leonori ◽

Manuel Muñoz ◽

Carmelo Vázquez ◽

José J. Vázquez ◽

Mary Fe Bravo ◽

...

Keyword(s):

Mental Health ◽

European Union ◽

Social Exclusion ◽

Mentally Ill ◽

Outcome Evaluation ◽

World Federation ◽

The European Union ◽

Capital Cities ◽

Homeless Mentally Ill ◽

The Impact

This report concerns the activities developed by the Mental Health and Social Exclusion (MHSE) Network, an initiative supported by the Mental Health Europe (World Federation of Mental Health). We report some data from the preliminary survey done in five capital cities of the European Union (Madrid, Copenhagen, Brussels, Lisbon, and Rome). The main aim of this survey was to investigate, from a mostly qualitative point of view, the causal and supportive factors implicated in the situation of the homeless mentally ill in Europe. The results point out the familial and childhood roots of homelessness, the perceived causes of the situation, the relationships with the support services, and the expectations of future of the homeless mentally ill. The analysis of results has helped to identify the different variables implicated in the social rupture process that influences homelessness in major European cities. The results were used as the basis for the design of a more ambitious current research project about the impact of the medical and psychosocial interventions in the homeless. This project is being developed in 10 capital cities of the European Union with a focus on the program and outcome evaluation of the health and psychosocial services for the disadvantaged.

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