The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates.
This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens’ rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.
1. Introduction: The Judicial Deconstruction of Union Citizenship
PART I: RATIONALISING JUDICIAL CHANGE
2. Extending Citizenship Rights and Losing it All: Brexit and the Perils of ‘Over-Constitutionalisation’
Susanne K Schmidt
3. The Citizenship of Personal Circumstances in Europe
4. (De)constructing the Road to Brexit: Paving the Way to Further Limitations on Free Movement and Equal Treatment?
5. Why Did the Citizenship Jurisprudence Change?
Urška Šadl and Suvi Sankari
6. The Evolution of Citizens’ Rights in Light of the European Union’s Constitutional Development
7. The Engine of ‘Europeanness’? Free Movement, Social Transnationalism and European Identification
8. European Citizenship and Transnational Rights: Chronicles of a Troubled Narrative
PART II: EQUAL TREATMENT, SOCIAL BENEFITS AND HUMAN RIGHTS
9. Consolidating Union Citizenship: Residence and Solidarity Rights for Jobseekers and the Economically Inactive in the Post-Dano Era
10. Back to the Roots? No Access to Social Assistance for Union Citizens who are Economically Inactive
Paul Minderhoud and Sandra Mantu
11. Integrating Union Citizenship and the Charter of Fundamental Rights
Niamh Nic Shuibhne
PART III: THE CITIZENSHIP–IMMIGRATION NEXUS
12. The Constitutional Status of Foreigners and European Union Citizens: Loopholes and Interactions in the Scope of Application of Fundamental Rights
Sara Iglesias Sánchez
13. The Integration Exception: A New Limit to Social Rights of Third-Country Nationals in European Union Law?
KM (Karin) de Vries
14. Membership without Naturalisation? The Limits of European Court of Human Rights Case Law on Residence Security and Equal Treatment
15. Conclusion: The Non-Simultaneous Evolution of Citizens’ Rights
Dora Kostakopoulou and Daniel Thym