EU Citizenship and Federalism

EU Citizenship and Federalism
Author: Dimitry Kochenov
Publsiher: Unknown
Total Pages: 0
Release: 2017
Genre: Citizenship
ISBN: 1108146724

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EU Citizenship and Federalism

EU Citizenship and Federalism
Author: Dimitry Kochenov
Publsiher: Cambridge University Press
Total Pages: 869
Release: 2017-04-13
Genre: Law
ISBN: 9781107072701

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Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.

EU Citizenship at the Edges of Freedom of Movement

EU Citizenship at the Edges of Freedom of Movement
Author: Katarina Hyltén-Cavallius
Publsiher: Bloomsbury Publishing
Total Pages: 256
Release: 2020-11-26
Genre: Law
ISBN: 9781509937264

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This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.

Federalism in the European Union

Federalism in the European Union
Author: Elke Cloots,Geert De Baere,Stefan Sottiaux
Publsiher: Bloomsbury Publishing
Total Pages: 438
Release: 2012-09-03
Genre: Law
ISBN: 9781847319975

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This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

Federal type Solutions and European Integration

Federal type Solutions and European Integration
Author: C. Lloyd Brown-John
Publsiher: Unknown
Total Pages: 686
Release: 1995
Genre: Business & Economics
ISBN: UOM:39015033976344

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This volume, based on papers delivered at a conference in Bruges, Belgium, explores the development of European federalism. The contributors also examine the political systems of other countries such as the U.S. and Canada in order to gain insight into European integration. Some of the topics covered in the volume include recent attitudes of the German Lander towards European integration; citizenship and European union; federalism and the environment; the language problem in European integration; and the politics and administration of federalism. Contributors: Wilifred Martens, Daniel Elazar, Alain Gagnon, Michael Burgess, John Kincaid, C. Lloyd Brown-John, Stephen Schechter, Bruce McDowell, Kieran St. Clair Bradley, Joachim Jens Hesse, Ronald Watts, Nicolas Schmitt, Cheryl Saunders, Frans Vanistendael, Marcelo Duarte, Jean Beaufays, Wolfgang Renzsch, Reinhard Rack, Audrey Brassloff, Gary Miller, Jacob Landau, Alexander Murphy, Maureen Covell, Rudolf Hrbek, Karel Rimanque, and Andre Alen.

European Citizenship under Stress

European Citizenship under Stress
Author: Nathan Cambien,Dimitry Kochenov,Elise Muir
Publsiher: BRILL
Total Pages: 562
Release: 2020-09-07
Genre: Law
ISBN: 9789004433076

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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.

Supranational Citizenship and the Challenge of Diversity

Supranational Citizenship and the Challenge of Diversity
Author: Francesca Strumia
Publsiher: Martinus Nijhoff Publishers
Total Pages: 346
Release: 2013-09-05
Genre: Law
ISBN: 9789004260764

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In Supranational Citizenship and the Challenge of Diversity Francesca Strumia explores the potential of European citizenship as a legal construct, and as a marker of group boundaries, for filtering internal and external diversities in the European Union. Adopting comparative federalism methodology, and drawing on insights from the international relations literature on the diffusion of norms, the author questions the impact of European citizenship on insider/outsider divides in the EU, as experienced by immigrants, set by member states and perceived by “native” citizens. The book proposes a novel argument about supranational citizenship as mutual recognition of belonging. This argument has important implications for the constitution of insider/outsider divides and for the reconciliation of multiple levels of diversity in the EU.

The Federal Vision

The Federal Vision
Author: Kalypso Nicolaidis,Robert Howse
Publsiher: OUP Oxford
Total Pages: 558
Release: 2001-11-01
Genre: Political Science
ISBN: 9780191529627

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The Federal Vision is about the complex and changing relationship between levels of governance within the United States and the European Union. Based on a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in our multi-layered democracies, and possible remedies. Starting from a focus on the current policy debatea over devolution and subsidiarity, the book engages the reader in to the broader tension of comparartive federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the US are in the process of re-defining a federal vision for the 21st century. This book represents an important new contribution to the study of Federalism and European integration, which seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi-disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists. It includes both innovative analysis and prescriptions on how to reshape the federal contract in the US and the EU. It includes introductions to the history of federalism in the US and the EU, the current debates over devolution and subsidarity, the legal framework of federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal-agent models, institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross-cutting themes and lessons from the thinking together of the EU and US experiences, and suggest how a federal vision could be freed from the hierarchical paradigm of the federal state and articulated around concepts of mutal tolerence and empowerment.