European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.
Nathan Cambien teaches EU law at Antwerp and is a referendaire at the Court of Justice of the European Union in Luxembourg. His countless publications deal with EU citizenship and non-discrimination law.
Dimitry Kochenov teaches European Constitutional law in Groningen and is associate of the EU Studies Programme at Princeton. Among his recent publications is Citizenship (MIT Press, 2019) and edited volumes on EU Citizenship and Federalism (Cambridge, 2017) and Quality of Nationality Index (with Lindeboom, Hart Publishing, 2020).
Elise Muir teaches EU law at KU Leuven and the College of Europe (Bruges). She is the author, most recently, of EU Equality Law (Oxford, 2018).
Preface
Abbreviations
Table of Cases
Notes of Contributors
1âEuropean Citizenship under Stress:Â Introduction
ââNathan Cambien, Dimitry Kochenov and Elise Muir
PART 1 EU Citizenship:Â Constitutional Challenges
2âEU Citizenship:Â Some Systemic Constitutional Implications
ââDimitry Kochenov
3âUnion Citizenship and Beyond
ââHans Ulrich Jessurun dâOliveira
4âEU Citizenship as a Means of Broadening the Application of EU Fundamental Rights:Â Developments and Limits
ââKaterina Kalaitzaki
5âFree Movement of Dual EU Citizens
ââDavid A.J.G. de Groot
PART 2 Free Movement and Its Limits
6âThe Court, the Legislature and the Co-Construction of a Status of Social Integration
ââStephen Coutts
7âLife after the âDano-Trilogyâ:Â Legal Certainty, Choices and Limitations in EU Citizenship Case La
ââMoritz Jesse and Daniel William Carter
8âEU Citizenship, Access to âSocial Benefitsâ and Third-Country National Family Members:Â Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit
ââElise Muir
9âResidence Rights for EU Citizens and Their Family Members:Â Navigating the New Normal
ââNathan Cambien
10âDistinguishing between Use and Abuse of EU Free Movement Law:Â Evaluating Use of the âEurope-routeâ for Family Reunification to Overcome Reverse Discrimination
ââHester Kroeze
11âThe Revised Posting of Workers Directive:Â Curbing or Ensuring Free Movement?
ââPiet Van Nuffel and Sofia Afanasjeva
PART 3 EU Citizenship beyond Movement
12âThe Pernicious Influence of Citizenship Rights on Workersâ Rights in the EUÂ â The Case of Student Finance
ââAraceli Turmo
13âEuropean Higher Education in the Context of Brexit
ââSacha Garben
15âThe European Citizensâ Initiative in Times of Brexit
ââNatassa Athanasiadou
PART 4 Supranational Citizenship and the Outside World
16âThe âSaleâ of Conditional Citizenship:Â the Cyprus Investment Programme under the Lens of EU Law
ââSofya Kudryashova
17âMember State Nationality, EU Citizenship and Associate European Citizenship
ââA.P. van der Mei
18âFrom Union Citizen to Third-country National:Â Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union
ââGillian More
19âFree Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle
ââChrista Tobler
20âThe Free Movement of Persons in the Eurasian Economic Union â between Civis Eurasiaticus and Homo Oeconomicus
ââBendikt Pirker and Kirill Entin
All scholars, advances students and practitioners interested in EU citizenship law in its evolution and broad context could benefit from this book.