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Research Handbook on European Union Citizenship Law and Policy

Navigating Challenges and Crises

9781788972895 Edward Elgar Publishing

Research Handbooks in European Law series

Edited by Dora Kostakopoulou, Chair of the Scientific Committee of the Fundamental Rights Agency of the European Union and KU Leuven, Belgium and Daniel Thym, University of Konstanz, Germany

Publication Date: 2022 ISBN: 978 1 78897 289 5 Extent: 424 pp

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Critical Acclaim

Contributors

Contents

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This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.

Featuring expert contributions from scholars both within and outside the discipline of law, the Research Handbook focuses on contemporary challenges facing the EU, such as Brexit, the erosion of rights and issues of constitutional choice for the citizens and governments of Europe, and highlights the reality of incomplete implementation of EU law and the role of the Court of Justice of the EU. A wide range of topics are discussed, featuring, but not limited to, differentiation, EU citizenship and nationality, the European Pillar of Social Rights, academic freedom and restrictions in free movement of persons. The book also applies a forward thinking approach by examining the promise of EU citizenship and the institutional reforms one might envisage in the future.

Offering a thought-provoking contribution to ongoing debates and studies in the fields of EU citizenship, European internal market law and policy and European integration, this Research Handbook will be key reading for researchers, academics and postgraduate students in the fields of law, political science, EU studies, and sociology.

Critical Acclaim

‘This milestone Research Handbook is a must-read for researchers of the law and policy of European Union citizenship. It interrogates and recasts Union citizenship as a concept, as a vector of rights, and as a social experience; highlighting significant research questions at national, transnational and supranational levels as well as at their intersection. Its timely consideration of the implications for Union citizenship of Brexit and the Covid-19 pandemic and its emphasis on enhancing relationships with the Union’s nearest neighbours have produced a collection that reflects an unsettling era of challenge and change yet remains rooted in deep legal and theoretical foundations.’
– Niamh Nic Shuibhne, The University of Edinburgh, UK

Contributors

Contributors: Ségolène Barbou des Places, Adela Boitos, Francesco Costamagna, Stephen Coutts, Christian Franklin, Halvard Haukeland Fredriksen, Oliver Garner, Stefano Giubboni, Narin Idriz, Manuel Kellerbauer, Dora Kostakopoulou, Hester Kroeze, Willem Maas, Jaan Paju, Clemens Rieder, Susanne K. Schmidt, Martin Steinfeld, Daniel Thym, Christa Tobler, Martijn van den Brink, Herwig Verschueren, Anne Wesemann, Karmelia Yiannakou, Adrienne Yong, Tamas Dezso Ziegler

Contents

Contents:

1 Introduction: challenges and crises of Union citizenship 1
Daniel Thym

PART I THEORETICAL EXPLORATIONS
2 The power of the norm: EU citizenship as constitutional right 13
Anne Wesemann
3 A social-constructivist approach towards the evolution of EU citizenship 32
Martin Steinfeld
4 The evolution of citizens’ rights in light of the EU’s constitutional
development 49
Daniel Thym
5 The genesis of European rights 70
Willem Maas
6 EU citizenship: a social empathy perspective 83
Karmelia Yannakou
7 The relationship between national and EU citizenship: what is it and
what should it be? 100
Martijn van den Brink

PART II CITIZENS’ RIGHTS
8 Citizenship, territory and COVID-19 116
Stephen Coutts
9 The rules on the free movement of workers in the European Union 131
Adela Boitos and Manuel Kellerbauer
10 Free movement or fundamental rights? EU citizenship as a legal
gateway to fundamental rights protection 149
Adrienne Yong
11 EU citizenship and family reunification: the evolving concept of
a European Union territory 165
Hester Kroeze
12 Using EU citizenship to protect academic freedom: an alternative method 184
Tamas Dezso Ziegler
13 Does Member State withdrawal automatically extinguish EU citizenship? 201
Oliver Garner

PART III SOCIAL CITIZENSHIP
14 EU citizenship and the welfare state 225
Francesco Costamagna and Stefano Giubboni
15 Progression and retrogression of the ECJ case law on access to social benefits 249
Ségolène Barbou des Places
16 The limits of judicialising transnational welfare progression and
retrogression of the ECJ case law on access to social benefits 265
Susanne K. Schmidt
17 The outer limits of transnational solidarity between the EU’s Member
States in a social security setting 282
Jaan Paju

PART IV EU CITIZENSHIP POST-BREXIT: DIFFERENTIATED
CITIZENSHIP REVISITED
18 Differentiated citizenship in the European Economic Area 297
Christian Franklin and Halvard Haukeland Fredriksen
19 ‘Citizenship of the Association’: the examples of Turkey and Switzerland 320
Narin Idriz and Christa Tobler
20 Employment and social rights of labour migrants post-Brexit 343
Herwig Verschueren
21 Irish citizenship law after Brexit: implications for Northern Ireland 364
Clemens M Rieder
22 Epilogue: on guest houses and institutional reconfigurations 384
Dora Kostakopoulou

Index