Full Description
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
Contents
1. Introduction: on tiles and pillars: EU citizenship as a federal denominator Dimitry Kochenov; Part I. Citizenship within the EU Federal Context: 2. The origins and the potential federalising effects of the substance of rights test Martijn van den Brink; 3. Some reflections on Member State nationality: a prerequisite of EU citizenship and an obstacle to its enjoyment Maciej Szpunar and María Esther Blas López; 4. The European federalisation process and the dynamics of fundamental rights José Luís da Cruz Vilaça and Alessandra Silveira; 5. Recasting EU citizenship as federal citizenship: what are the implications for the citizen when the polity bargain is privileged? Niamh Nic Shuibhne; 6. Transfiguring European citizenship: from Member State territory to Union Territory Loïc Azoulai; 7. Earned citizenship - understanding Union citizenship through its scope Eleanor Spaventa; 8. European citizenship and its new union: time to move on? Daniel Sarmiento and Eleanor Sharpston; 9. Going home? 'European' citizenship practice twenty years after Antje Wiener; Part II. EU Citizenship Rights and the Vertical Division of Powers in the EU: 10. The political side of EU citizenship in the context of EU federalism Federico Fabbrini; 11. Reframing public health governance: from risk to citizenship and participation Mark L. Flear; 12. The federal implications of the transformation of the market freedoms into sources of fundamental rights for the Union citizen Alina Tryfonidou; 13. Perspectives on social citizenship in the EU - from status positivus to status socialis activus via two forms of transnational solidarity Dagmar Schiek; 14. A citizenship right to stay? The right not to move in a Union based on free movement Sara Iglesias Sánchez; 15. 'Scelestus europeus sum': what protection against expulsion EU citizenship offers to European offenders? Michal Meduna; 16. EU sexual citizenship: sex beyond the internal market Uładzisłaŭ Belavusaŭ; 17. EU citizenship and the European federal challenge through the prism of family reunification Stanislas Adam and Peter Van Elsuwege; 18. The right to stay at home: a basis for expanding European family rights Gareth Davies; 19. EU citizenship and the right to care Nathan Cambien; 20. Union citizenship and disability: restricted access to equality rights and the attitudinal model of disability Charlotte O'Brien; 21. Data privacy rights and citizenship: notes on federalism all the way up Bilyana Petkova; 22. The federal imbedding of citizens in the European Union Member States' criminal law, or how EU citizenship is shaping criminal law Hanneke van Eijken and Tony P. Marguery; 23. The right of EU citizens to diplomatic and consular protection: a step toward recognition of EU citizenship in third countries? Patrizia Vigni; Part III. Broader Implications and Limitations: 24. Individual rights, interstate equality, State autonomy: European horizontal citizenship and its (lonely) playground from a trans-Atlantic perspective Francesca Strumia; 25. EU citizenship and fundamental rights: contradictory, converging, or complementary? Dominik Düsterhaus; 26. Reverse Solange - Union citizenship as a detour on the route to European rights protection against national infringements Johanna Croon-Gestefeld; 27. Union citizenship re-imagined: the scope of intervention of EU institutions Jože Štrus; 28. Frontiers of EU citizenship. Three trajectories and their methodological limitations Daniel Thym; 29. EU citizenship and its relevance for EU exit and secession Phoebus L. Athanassiou and Stéphanie Laulhé Shaelou; 30. Epilogue on EU citizenship: hopes and fears Koen Lenaerts and José A. Gutiérrez-Fons.
