Nationality, Migration Rights, and Citizenship of the Union
Nationality, Migration Rights, and Citizenship of the Union

Author: Stephen Hall

Publisher: Martinus Nijhoff Publishers

Published: 1995-02-23

Total Pages: 254

ISBN-13: 9780792334002

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One of the most striking changes contained in the Maastricht Treaty was the establishment of a "de jure" citizenship of the Union'. For the first time since the Roman Empire, peoples of Eastern, Western, Northern and Southern Europe share a common legal citizenship status. The significance of this development is potentially profound, yet it is one of the least discussed aspects of the Maastricht Treaty. In this book Stephen Hall examines the legal implications of establishing a European citizenship. He shows that Community law has never given unqualified effect to the Member States' dispositions of their nationalities, and that the Member States have had their sovereign power to confer and withdraw their nationalities qualified by the Maastricht Treaty. The book goes on to discuss the implications of Union citizenship on Community migration rights, demonstrating that the new non-economic migration rights for Union citizens are directly effective but that they are subject to a range of important limitations and conditions. Among these conditions is a residual constitutional power, contingently retained by the Member States to derogate from Community rights on the grounds of national or public security.

EU Citizenship, Nationality and Migrant Status
EU Citizenship, Nationality and Migrant Status

Author: Kristīne Krūma

Publisher: Martinus Nijhoff Publishers

Published: 2013-10-24

Total Pages: 512

ISBN-13: 9004251596

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In EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge, Kristīne Krūma offers an account of the regulation of nationality at international, EU and national (Latvian) levels. Growing global migration and multiple individual loyalties lead to a fusion of national identities traditionally preserved by the EU Member States. Dismantling national borders and granting directly effective rights to EU citizens broadens our understanding about belonging only to the limited territory of a single State. The primary focus is the status of the EU citizenship, which has become a meaningful status capable of satisfying claims by citizens. The Latvian example shows that migrant status cannot be ignored because of the crucial role of migrants in the future construct of the EU.

Nationality, Migration Rights and Citizenship of the Union
Nationality, Migration Rights and Citizenship of the Union

Author: Stephen Hall

Publisher: BRILL

Published: 2023-10-20

Total Pages: 242

ISBN-13: 9004637796

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One of the most striking changes contained in the Maastricht Treaty was the establishment of a de jure `citizenship of the Union'. For the first time since the Roman Empire, peoples of Eastern, Western, Northern and Southern Europe share a common legal citizenship status. The significance of this development is potentially profound, yet it is one of the least discussed aspects of the Maastricht Treaty. In this book Stephen Hall examines the legal implications of establishing a European citizenship. He shows that Community law has never given unqualified effect to the Member States' dispositions of their nationalities, and that the Member States have had their sovereign power to confer and withdraw their nationalities qualified by the Maastricht Treaty. The book goes on to discuss the implications of Union citizenship on Community migration rights, demonstrating that the new non-economic migration rights for Union citizens are directly effective but that they are subject to a range of important limitations and conditions. Among these conditions is a residual constitutional power, contingently retained by the Member States to derogate from Community rights on the grounds of national or public security.

Migrants and Citizens
Migrants and Citizens

Author: Rey Koslowski

Publisher: Cornell University Press

Published: 2018-09-05

Total Pages: 247

ISBN-13: 1501731785

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The Berlin Wall falls as thousands of East Germans move to the West; after the Iron Curtain lifts, West Europeans brace for mass migrations from Eastern Europe; millions of refugees flee Iraq, Bosnia, Haiti, Rwanda, and other strife-torn nations. The shifting tides of international migration have had a profound effect on our world, from the transformation of nationality laws and European cooperation on border control to NATO intervention in Kosovo. In Migrants and Citizens, Rey Koslowski examines the impact of migration on international politics. He focuses on two related avenues of inquiry: the immediate political problems faced by the European Union, and the general issues that confront us as we try to understand the modern international system. Migration has become politically salient so quickly, Koslowski argues, because the nation-state and the political institutions associated with it developed in the centuries during which Western Europe was a net exporter of people. With the reversal of that trend less than a generation ago, many of these institutions have been ill-suited to deal with the political and policy demands brought on by the arrival of large numbers of foreigners. Koslowski discusses how restrictive citizenship laws exclude migrants and their children from political participation in some West European states, leading observers to question the legitimacy of those states as democracies. Yet when these states try to increase immigrant participation with local voting rights, European Union citizenship, and dual nationality, the principle of a singular nationality underlying the nation-state is challenged. In this way, the practical policy responses to migration gradually transform the political institutions of states as well as the international system they collectively constitute.

The Politics of European Citizenship
The Politics of European Citizenship

Author: Peo Hansen

Publisher: Berghahn Books

Published: 2010-07-01

Total Pages: 250

ISBN-13: 1845459911

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As the European Union faces the ongoing challenges of legitimacy, identity, and social cohesion, an understanding of the social purpose and direction of EU citizenship becomes increasingly vital. This book is the first of its kind to map the development of EU citizenship and its relation to various localities of EU governance. From a critical political economy perspective, the authors argue for an integrated analysis of EU citizenship, one that considers the interrelated processes of migration, economic transformation, and social change and the challenges they present.

EU Citizenship and Federalism
EU Citizenship and Federalism

Author: Dimitry Kochenov

Publisher: Cambridge University Press

Published: 2017-04-13

Total Pages: 869

ISBN-13: 1108146112

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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.

European Citizenship after Brexit
European Citizenship after Brexit

Author: Patricia Mindus

Publisher: Springer

Published: 2017-04-04

Total Pages: 127

ISBN-13: 3319517740

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This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members. The status of European citizenship and connected rights are first presented. Chapter Two focuses on the legal uncertainty that afflicts second country nationals in the United Kingdom as well as British citizens, turning from expats to post-European third country nationals. Chapter Three describes the functionalist theory and delineates three ways in which it applies to Brexit. These three directions of inquiry are developed in the following chapters. Chapter Four focuses on the intension of Union citizenship: Which rights can be frozen? Chapter Five determines the extension of Union citizenship: Who gets to withdraw the status? The key finding is that while Member states are in principle free to revoke the status of Union citizen, former Member states are not unbounded in stripping Union citizens of their acquired territorial rights. Conclusions are drawn and policy-suggestions summed up in the final chapter.

Citizenship of the Union and Freedom of Movement of Persons
Citizenship of the Union and Freedom of Movement of Persons

Author: Massimo Condinanzi

Publisher: BRILL

Published: 2008

Total Pages: 281

ISBN-13: 900416300X

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Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new impetus on the realisation of the area of freedom, security and justice. If there is truly to be such an area, there must be unified, not merely coordinated action. Judicial cooperation must be tightened in favour of the Union and, more importantly, individuals, be they Community citizens or indeed nationals of third countries, given the increasing trend towards a kind of integration which focuses less on formal data such as nationality and more on factors such as residence, employment and social integration. The book pays particular attention to this last aspect and its political and legal implications. The "communitarisation" of immigration policy (the new Title IV of the EC Treaty mentioned above) and the perspectives opened up by the enlargement to 27 Member States (and more) and by the Treaty of Lisbon, provide the framework for the treatment given in the present work.

Legal Migration to the European Union
Legal Migration to the European Union

Author: Anja Wiesbrock

Publisher: BRILL

Published: 2010

Total Pages: 1

ISBN-13: 9004184074

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This book provides a comprehensive analysis of EU legislation in the area of legal migration. Five Directives on family reunification, long-term residence, students, researchers and highly qualified migrants are critically assessed. Moreover, the implementation of the Directives in three member states (Germany, the Netherlands and Sweden) and national legislation in two Member States with an opt-out from EU migration law (the UK and Netherlands) are assessed. This includes national rules on the integration of third-country nationals and access to citizenship. The book calls into question the compliance of several European and national provision with EU principals of law and international human rights.