European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.
Nathan Cambien teaches EU law at Antwerp and is a referendaire at the Court of Justice of the European Union in Luxembourg. His countless publications deal with EU citizenship and non-discrimination law.
Dimitry Kochenov teaches European Constitutional law in Groningen and is associate of the EU Studies Programme at Princeton. Among his recent publications is Citizenship (MIT Press, 2019) and edited volumes on EU Citizenship and Federalism (Cambridge, 2017) and Quality of Nationality Index (with Lindeboom, Hart Publishing, 2020).
Elise Muir teaches EU law at KU Leuven and the College of Europe (Bruges). She is the author, most recently, of EU Equality Law (Oxford, 2018).
Table of Cases
Notes of Contributors
1 European Citizenship under Stress: Introduction
Nathan Cambien, Dimitry Kochenov and Elise Muir
PART 1 EU Citizenship: Constitutional Challenges
2 EU Citizenship: Some Systemic Constitutional Implications
3 Union Citizenship and Beyond
Hans Ulrich Jessurun d’Oliveira
4 EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits
5 Free Movement of Dual EU Citizens
David A.J.G. de Groot
PART 2 Free Movement and Its Limits
6 The Court, the Legislature and the Co-Construction of a Status of Social Integration
7 Life after the ‘Dano-Trilogy’: Legal Certainty, Choices and Limitations in EU Citizenship Case La
Moritz Jesse and Daniel William Carter
8 EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit
9 Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal
10 Distinguishing between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination
11 The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement?
Piet Van Nuffel and Sofia Afanasjeva
PART 3 EU Citizenship beyond Movement
12 The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU – The Case of Student Finance Araceli Turmo
13 European Higher Education in the Context of Brexit Sacha Garben
14 The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union Sébastien Platon
15 The European Citizens’ Initiative in Times of Brexit Natassa Athanasiadou
PART 4 Supranational Citizenship and the Outside World
16 The “Sale” of Conditional Citizenship: the Cyprus Investment Programme under the Lens of EU Law Sofya Kudryashova
17 Member State Nationality, EU Citizenship and Associate European Citizenship A.P. van der Mei
18 From Union Citizen to Third-country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union Gillian More
19 Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle Christa Tobler
20 The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus Bendikt Pirker and Kirill Entin
All scholars, advances students and practitioners interested in EU citizenship law in its evolution and broad context could benefit from this book.