European Citizenship under Stress最新文献

The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union 欧洲选举的参与权与欧盟的纵向权限划分

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_015

S. Platon

引用次数: 1

Member State Nationality, EU Citizenship and Associate European Citizenship 成员国国籍、欧盟国籍和准欧洲国籍

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_018

A. V. D. Mei

{"title":"Member State Nationality, EU Citizenship and Associate European Citizenship","authors":"A. V. D. Mei","doi":"10.1163/9789004433076_018","DOIUrl":"https://doi.org/10.1163/9789004433076_018","url":null,"abstract":"According to Article 20 tfeu, “[E] very person holding the nationality of a Member State shall be a citizen of the Union”.1 The wording of the provision thus suggests a notably simple relationship between EU citizenship and Member State nationality: to be an EU citizen one must be a Member State national. Third country nationals cannot acquire EU citizenship. Loss of nationality implies automatic loss of this privileged status. When a Member State withdraws from the EU its nationals become third country nationals.2 From the case law of the Court of Justice of the European Union (cjeu), however, it follows that the relationship between EU and national citizenship is not as clear and straightforward as the Treaty text suggests. To be sure, the cjeu has never recognised, and not even suggested, any exceptions to the rule that EU citizenship is reserved for Member State nationals. Rather, in the wellknown Rottmann ruling,3 it confirmed the exclusive link between EU citizenship and national citizenship. What the cjeu did say in this ruling – and this is what complicates the relationship between the two citizenships – is that Member States must, before taking a decision withdrawing “their” nationality, consider the consequences of such a decision for the person concerned as regards the loss of the rights he/ she enjoys as an EU citizen. Loss of EU citizenship or the rights attached to it may preclude the lawful application of national rules on deprivation of national citizenship.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"13 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113936332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle 欧盟与欧洲经济区的人员自由流动:效应相关的同质性和反向多多门原则

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_020

Christa Tobler

{"title":"Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle","authors":"Christa Tobler","doi":"10.1163/9789004433076_020","DOIUrl":"https://doi.org/10.1163/9789004433076_020","url":null,"abstract":"When the EEA Agreement was concluded in the early 1990s, it reflected, in the fields covered, the state of the then Community law, also with respect to the free movement of persons. Since then, both EEA and EU law have developed further, though with certain marked differences. Notably, the EU Treaty revision of Maastricht led to the introduction of Union citizenship. The fact that there is no corresponding concept in the EEA Agreement had led to certain challenges within the EEA with respect to the free movement of persons, due notably to the double nature of Directive 2004/38 as a further development of the free movement law of the Communities and a Union citizenship instrument. Today, the EEA and the EU rules are identical with respect to the market access rights of economic agents. In contrast, it is debated whether and to what extent the incorporation of Directive 2004/38 into the EEA legal system is indeed limited for those purposes. This relates in particular to case law of the EFTA Court on persons who are not economically active, where the Court, in the EEA context, gives Directive 2004/38 a broader interpretation than the CJEU does in the EU context. The EFTA Court’s aim, despite the lack of Union citizenship in EEA law, is to arrive at the same level of protection. Commentators speak about a particular understanding of homogeneity and of the Polydor principle. This approach raises questions also with respect to the external relations of the EU with other non-Member States, including notably the United Kingdom of Great Britain and Northern Ireland following its withdrawal from EU membership (“Brexit”).","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"11 suppl_1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132298351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 21

The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU – The Case of Student Finance 欧盟公民权利对工人权利的有害影响——以学生资助为例

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_013

引用次数: 0

Union Citizenship and Beyond 联邦公民及其他

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.2139/SSRN.3247681

J. D'oliveira, U. Hans

{"title":"Union Citizenship and Beyond","authors":"J. D'oliveira, U. Hans","doi":"10.2139/SSRN.3247681","DOIUrl":"https://doi.org/10.2139/SSRN.3247681","url":null,"abstract":"In this essay the development, since 1992, of the concept of European citizenship is traced, alongside the changing attitude of the author towards this novel status. The blurred edges of the concept are explored. Connecting factor to European citizenship is the possession of the nationality of a member state. Is nationality identical with ‘peoples’ in the Treaties? And: are member states the masters of definition of who are their nationals? And is the status of European citizen really dependent on the nationality of member states, or is it gradually the other way round, given the view of the ECJ that the first is 'intended to be the fundamental status'? Although there is no transfer of competence of nationality law, nevertheless domestic laws should have ‘due regard to European law.’ In Rottmann a decision by national authorities was subjected to the European principle of proportionality, in Tjebbes a whole legal provision in the national law of the Netherlands was, according to the AG, not in line with Union law. This is a constitutional battle, as the definition of its nationals is a constituent part of being a (member) state. Brexit sheds a new light on the importance of Union citizenship, primarily as its entrance to the freedom of movement. Finally, a number of loose ends are identified and questions formulated.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126975509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Distinguishing between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination 辨析欧盟自由流动法的使用与滥用:评估家庭团聚“欧洲路线”的使用以克服反向歧视

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_011

引用次数: 4

Life after the ‘Dano-Trilogy’: Legal Certainty, Choices and Limitations in EU Citizenship Case Law “达诺三部曲”之后的生活:欧盟公民判例法中的法律确定性、选择和限制

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_008

M. Jesse, Daniel Carter

引用次数: 2

The Court, the Legislature and the Co-Construction of a Status of Social Integration 法院、立法机构与社会一体化地位的共建

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_007

Stephen Coutts

{"title":"The Court, the Legislature and the Co-Construction of a Status of Social Integration","authors":"Stephen Coutts","doi":"10.1163/9789004433076_007","DOIUrl":"https://doi.org/10.1163/9789004433076_007","url":null,"abstract":"25 years after its introduction, Union citizenship has demonstrated a remarkable capacity for dynamism. As a legal institution its history has been marked by an almost constant development prompted first by the Court and later developed by the legislature. Originally considered a mere cipher,1 Union citizenship constituted the vehicle by which rights previously the preserve of the economically active were extended to the noneconomically active. In this way a novel transnational membership status has been progressively developed. As noted by the Kostakopoulou, its development is best understood as a constructive process, with Union citizenship evolving through the contributions of different actors at different stages of its development.2 The purpose of this contribution is to assess the respective roles of the Court and the legislature in the development of Union citizenship. It will be argued that both institutions have contributed in a largely complementary fashion to the development of this institution and to its current shape. Particular emphasis is placed on the development of Union citizenship as a transnational status of social integration. An important consideration here is the debate that was triggered by the Dano line of caselaw regarding the appropriate interpretative role of the Court of Justice in this field, which is characterised by an unsettled hierarchy of norms","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124208031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement? 修订后的工人指令:限制还是确保自由流动?

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_012

引用次数: 0

European Higher Education in the Context of Brexit 英国脱欧背景下的欧洲高等教育

European Citizenship under Stress Pub Date : 2020-08-28 DOI: 10.1163/9789004433076_014

S. Garben

{"title":"European Higher Education in the Context of Brexit","authors":"S. Garben","doi":"10.1163/9789004433076_014","DOIUrl":"https://doi.org/10.1163/9789004433076_014","url":null,"abstract":"The UK has been a main “winner” in European higher education. In the European Higher Education Area, the UK has successfully exported its higher education model to the other EU Member States and beyond, without conceding powers to the EU in that regard. It reaped the benefits of an enlarged higher education “market” on which its higher education institutions could successfully compete, at minimal administrative, political or other cost. Furthermore, in EU higher education law and policy, the UK has occupied an equally advantageous position. The UK has been very successful in obtaining EU research funding. This could potentially be linked to its brain-gain in being a major net importer of mobile EU students, researchers and academics. At the same time, because of its fee-paying model, this imported talent has come at a very low cost, as EU law on student mobility and diploma recognition has worked mainly to the benefit of the UK model by requiring equal treatment as regards tuition fees but not maintenance grants. This Article explores the impact that Brexit may have on European higher education and the UK’s position within it, and vice-versa. It will argue that the UK’s current strength in higher education may be one of its weak spots in the Brexit negotiations.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126668829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2