{"title":"EU Citizenship: Some Systemic Constitutional Implications","authors":"D. Kochenov","doi":"10.15166/2499-8249/262","DOIUrl":"https://doi.org/10.15166/2499-8249/262","url":null,"abstract":"European citizenship, although derived from the nationalities of the Member States, came to play a significant independent role in reforming European constitutionalism in unanticipated ways by undermining some of the key assumptions underlying the notions of citizenship, equality and democratic accountability. Instead of lingering merely as a super-structure atop Member State nationalities, it instead reshuffles the constitutional basics and not all Europeans emerge as winners as a result. This brief Article provides an introductory background for the Special Section on EU citizenship and rights of European Papers, Vol. 3, 2018, No. 3 and outlines some of the core tensions which EU citizenship brings to light.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"5 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":"114139418","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}
{"title":"EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit","authors":"E. Muir","doi":"10.15166/2499-8249/274","DOIUrl":"https://doi.org/10.15166/2499-8249/274","url":null,"abstract":"In a series of recent cases on the rights of mobile EU citizens who do not perform an economic activity, the Court of Justice of the EU “deconstitutionalised” its understanding of key aspects of the free movement of EU citizens. The Court moved the discussion to the secondary law level, having kept it at the primary law level for many years. This line of cases sheds light on the ability of the Court to reframe the interplay between primary and secondary law as well as between the judicial and political guidance. The post-Brey case law provides a remarkable, if not unique, example of deconstitutionalisation following a period of intense constitutionalisation. The practical implications of this process are well illustrated in the context of the debate on Brexit that tests the relationship between treaty and legislative rights. This Article makes an enquiry into whether the trend towards a broader deference to political guidance in EU citizenship case law has been mirrored in other areas of citizens’ rights having been subject to controversy in the context of Brexit, such as the status of third-country national family members.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"20 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":"122430552","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}
{"title":"The European Citizens’ Initiative in Times of Brexit","authors":"Natassa Athanasiadou","doi":"10.15166/2499-8249/275","DOIUrl":"https://doi.org/10.15166/2499-8249/275","url":null,"abstract":"In the era of Brexit negotiations, which will determine the future of citizens’ rights in terms of the bilateral relations between the UK and the EU, EU citizens from different Member States have used the instrument of the European citizens’ initiative in order to bring forward their claim for retaining the same rights also in the post-Brexit era. The present Article analyses the current legal framework for European citizens’ initiatives against the benchmark of general principles of EU law, in particular the principles of good administration, legal certainty and legitimate expectations. On the basis of this analysis, the Brexit-related citizens’ initiatives are used as a case study marking a change in the Commission’s administrative practice, towards more openness and cooperative spirit in the phase of the admissibility check. However, this new approach bears the risk of creating false expectations to organisers and signatories as to the real prospect of an initiative. The Article concludes that, in order to enable the full potential of citizens’ initiatives, the Commission should strengthen the cooperation mechanisms when registering initiatives in line with the principle of good administration.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"10 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":"129377874","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}
{"title":"The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus","authors":"B. Pirker, K. Entin","doi":"10.1163/9789004433076_021","DOIUrl":"https://doi.org/10.1163/9789004433076_021","url":null,"abstract":"Few commentators would suggest that the Eurasian Economic Union (eaeu) is in any way a European Union (EU) “in the making”. Nonetheless, as a regional integration project, the eaeu faces many challenges similar to those faced by the EU, and much can be learned from an informed comparison of the two organisations. The present chapter examines the state of the right to free movement of persons in the Eurasian Economic Union. No formal eaeu citizenship exists which would be comparable to EU citizenship, and an examination of the existing legal framework reveals a rather limited conception of the “Civis Eurasiaticus”.1 Yet the case law of the Eurasian Economic Union Court (eaeu Court) and the interpretative leeway of certain provisions of eaeu law leave space to reflect on potential future developments. Additionally, some inspiration may come from the citizenship provisions of the RussiaBelarus Union state legal framework.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"109 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":"128614164","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}
{"title":"European Citizenship under Stress: Introduction","authors":"D. Kochenov, Nathan Cambien, E. Muir","doi":"10.2139/ssrn.3526870","DOIUrl":"https://doi.org/10.2139/ssrn.3526870","url":null,"abstract":"This short piece is an introduction to an open access edited collection 'European Citizenship under Stress' forthcoming with Brill-Nijhoff in 2020. The book aims to scrutinise the most important challenges EU citizenship is facing in times of Brexit and populism, focusing on four key dimensions: European Constitutionalism; Free Movement; EU Citizenship beyond Free Movement; and EU Citizenship’s Role in the ‘Outside Word’, including Brexit, the EEA and the Eurasian Economic Union context.","PeriodicalId":354310,"journal":{"name":"European Citizenship under Stress","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114430377","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}