EU Citizenship and Free Movement Rights

Taking Supranational Citizenship Seriously

Series:

This collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.

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Sandra Mantu, Ph.D. (2014), is Assistant Professor of Law at Radboud University Nijmegen. Her research focuses on (EU) citizenship, social rights and migration. She is author of Contingent Citizenship (Brill/Nijhoff, 2015) and co-editor of Migration on the Move (Brill/Nijhoff, 2017).

Paul Minderhoud, Ph.D. (1993), is Professor of Migration Law at the University of Utrecht, Associate Professor at Radboud University Nijmegen and co-editor of the European Journal of Migration and Law. His research focuses on immigration and social security.

Elspeth Guild is Jean Monnet Professor ad Personam, Emeritus Professor of Law at Radboud University Nijmegen and Professor of Law at Queen Mary University of London. She is also a partner at the London law firm Kingsley Napley.
   About the Authors

1 Introduction


Part 1: EU Citizens and Their Family Members



2 Who Wants to Be an EU Citizen?
    Elspeth Guild

3 The Fundamental Status of Minor Union Citizens and the Best Interests of the Child
    Annette Schrauwen

4 The Court of Justice of the European Union, EU Citizenship and Residence Rights of Third Country National Family Members: An Ongoing Struggle
    Chiara Berneri

5 Spanish Experiences with the Mobility of EU/EEA Citizens and Their Family Members: Opening the “Black Box”?
    Emiliano García Coso


Part 2: The Convoluted Issue of Equality



6 The Judgments of Brey, Dano and Alimanovic: A Case of Derogation or a Need to Solve the Riddle?
    Johannes Peyrl

7 Mobile EU Citizens and the “Unreasonable Burden”: How EU Member States Deal with Residence Rights at the Street Level
    Anita Heindlmaier

8 Expulsion from the “Heart of Europe”: The Belgian Law and Practice Relating to the Termination of EU Residence Rights
    Anthony Valcke

9 EU Citizenship as Precarious Status for Precarious Workers: Implications of National Policies Restricting EU Citizens’ Rights for Young University-Educated EU Migrants in Brussels
    Anna Simola

10 “We Should Call Them Our Friends” – Negotiations on Welfare and Social Security Entitlements for Displaced EU Citizens in Sweden
    Sara Nyhlén


Part 3: EU Citizenship and Restrictive Practices



11 A Contingent Citizenship – Union Citizenship and Expulsion
    Stephen Coutts

12 European States Returning European Citizens: France and the Roma Populations
    Marie-Laure Basilien-Gainche

13 Reversed Free Movement
    Cristina Juverdeanu

14 Abusing or Misusing the Right of Free Movement? The UK’s Policy towards EU Nationals Sleeping Rough
    Matthew Evans

15 “A Matter for the Minister”?: Removal and Exclusion Orders in Irish Law
    Patricia Brazil


Part 4: EU Citizenship beyond Free Movement



16 The Promised Land of Milk and Honey? From EU Citizens to Third-Country Nationals after Brexit
    Eglé Dagilyté

17 The Dark Side of Free Movement: When Individual and Social Interests Clash
    Iris Goldner Lang and Maroje Lang

18 EU Citizenship and EU Territory: Unsettling the National, Embedding the Supranational
    Sandra Mantu

   Index
Academics interested in mobility, citizenship, immigration, as well as professionals, administrators, civil society actors working with EU citizens and advanced students of EU law (master and PhD levels).