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  • Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU

    Questioning EU Citizenship by Thym, Daniel;

    Judges and the Limits of Free Movement and Solidarity in the EU

    Series: Modern Studies in European Law;

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    Product details:

    • Publisher Hart Publishing
    • Date of Publication 28 December 2017
    • Number of Volumes Hardback

    • ISBN 9781509914685
    • Binding Hardback
    • No. of pages344 pages
    • Size 234x156 mm
    • Weight 653 g
    • Language English
    • 0

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    Long description:

    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.

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    Table of Contents:

    1. Introduction: The Judicial Deconstruction of Union Citizenship
    Daniel Thym
    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
    Dimitry Kochenov
    4. (De)constructing the Road to Brexit: Paving the Way to Further Limitations on Free Movement and Equal Treatment?
    Stephanie Reynolds
    5. Why Did the Citizenship Jurisprudence Change?
    Urska Sadl and Suvi Sankari
    6. The Evolution of Citizens' Rights in Light of the European Union's Constitutional Development
    Daniel Thym
    7. The Engine of 'Europeanness'? Free Movement, Social Transnationalism and European Identification
    Ettore Recchi
    8. European Citizenship and Transnational Rights: Chronicles of a Troubled Narrative
    Francesca Strumia

    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
    Ferdinand Wollenschläger
    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
    Clíodhna Murphy
    15. Conclusion: The Non-Simultaneous Evolution of Citizens' Rights
    Dora Kostakopoulou and Daniel Thym

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