Eu Citizenship Nationality And Migrant Status

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.

EU citizenship cannot be studied thoroughly if isolated from other regimes. Therefore the thesis studies interrelationships with regulation of legal immigration, integration and the national context of Latvia. For this reason, the study focuses on commonalities, tracing interrelationships and changes brought by developments in statuses and rights attached to them under different regimes.

Throughout Europe longstanding ideas of what it means to be a citizen are being challenged. The sense of belonging to a nation has never been more in flux. Simultaneously, nationalistic and racist movements are gaining ground and barriers are being erected against immigration. This volume examines how concepts of citizenship have evolved in different countries and varying contexts. It explores the interconnection between ideas of the nation, modes of citizenship and the treatment of migrants. Adopting a multi-disciplinary and international approach, this collection brings together experts from several fields including political studies, history, law and sociology. By juxtaposing four European countries - Britain, France, Germany and Italy - and setting current trends against a historical background, it highlights important differences and exposes similarities in the urgent questions surrounding citizenship and the treatment of minorities in Europe today.

Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is extensive and reaches into many areas of practice at every level. Prompted by the declaration of 2013 as the ‘Year of Citizens’, the author of this book offers a detailed analysis of the rationales underlying the development of the EU citizenship concept, the directives and regulations that define citizen status, and the cases that have so far worked to clarify the meaning and limits of such status, all with particular attention to the obstacles that still come between the actual exercise of rights in everyday life. The multifarious issues raised include the following: the Charter of Fundamental Rights and the EU citizen’s status; changes introduced by the Treaty of Lisbon; limitations on Member States with regard to granting and revoking nationality; participation of EU citizens in the decision making processes governing the EU; right to recourse to the European Ombudsman; right of access to documents; registration at a host Member State’s competent public offices; limitations of entry due to reasons of public policy, public security, and public health; procedural safeguards in the case of measures limiting freedom of movement; the condition of migrant workers; restrictions to freedom of movement for ‘employment in the public sector’; and the condition of family members of EU citizens. An appendix gathers legislative documents most often cited in the case law. Closely examining the various institutions concerned, case law (Member State as well as Court of Justice), and legislative innovations, the author concentrates on identifying and overcoming those obstacles that still prevent full enjoyment of EU citizenship rights. While the clear demarcation of issues will be of especial practical value in anti-discrimination cases, legal academics and jurists will appreciate the book’s signal new contribution to a classic theme of the European Union.

The book examines the phenomenon of dual nationality in the European Union, particularly against the background of the status of European citizenship – a status that is linked to the nationality of each EU Member State. While the first part sets out the approach towards (dual) nationality in Public and Private International Law as well as in EU Law, the second part consists of an overview of the dual nationality regimes in France, Italy, the Netherlands and Spain. The book shows that the autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU, and the author takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals. The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration.

This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.

This book analyses the potential of the Long-term Residence Directive to become a subsidiary form of EU citizenship which escapes direct control by Member States, by looking at its implementation and at its possible interpretation by the Court of Justice.