Journal articles: 'Free movement and citizenship of the EU'

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Damay, Ludivine, and Heidi Mercenier. "Free movement and EU citizenship: a virtuous circle?" Journal of European Public Policy 23, no. 8 (June 27, 2016): 1139–57. http://dx.doi.org/10.1080/13501763.2016.1186212.

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Maas, Willem. "Free Movement and Discrimination: Evidence from Europe, the United States, and Canada." European Journal of Migration and Law 15, no. 1 (2013): 91–110. http://dx.doi.org/10.1163/15718166-12342025.

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Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.

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Mantu, Sandra, and Paul Minderhoud. "EU citizenship and social solidarity." Maastricht Journal of European and Comparative Law 24, no. 5 (October 2017): 703–20. http://dx.doi.org/10.1177/1023263x17741271.

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In this article, we seek to place the CJEU’s recent case law on social rights for economically inactive EU citizens within the larger political context of the last couple of years that has been characterized by the increased contestation of the type of mobility underpinning EU citizenship. The relationship between EU citizenship and social solidarity – in the form of social rights for mobile EU citizens – has taken centre stage during the Brexit affair. Political debates concerning the free movement of (poor) EU citizens have focused upon the issues of the abuse of free movement rights and welfare tourism, despite a lack of evidence that the two are actually taking place on a large scale within the EU. The now defunct Brexit deal highlights the extension of debates that initially focused on economically inactive EU citizens to EU workers, whose mobility had been considered a positive aspect of EU integration. The scope of social solidarity in the EU is demoted as a result of judicial and political interventions that question the social dimension of EU citizenship and which may have implications for other groups of migrants situated within the EU.

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McMahon, Joe, Adam Cygan, and Erika Szyszczak. "II. Eu Citizenship." International and Comparative Law Quarterly 55, no. 4 (October 2006): 977–82. http://dx.doi.org/10.1093/iclq/lei139.

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The Court has continued with its expansive interpretation of the Citizenship provisions in Article 18 EC which it had previously acknowledged as being a fundamental right granted to all EU citizens by the Treaty.1 The case-law of the Court has, in particular, stressed the relationship between the free movement rights under Article 18 EC and preventing discrimination against EU nationals on grounds of nationality and without which the Citizenship provisions would lack force. Two recent judgments of Bidar2 and Ioannidis3 demonstrate the extent to which the Court will prevent covert discrimination on grounds of nationality. In a third judgment, that of Schempp,4 the Court, seemingly sensitive to criticism of interfering in domestic tax policy, adopts a more measured interpretation of discrimination when considering whether the rights granted under Article 18 EC are interfered with.

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Shuibhne, Niamh Nic. "The resilience of EU market citizenship." Common Market Law Review 47, Issue 6 (December 1, 2010): 1597–628. http://dx.doi.org/10.54648/cola2010068.

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This article argues that EU citizenship has not (yet?) evolved beyond a construction of market citizenship. The argument does not make a normative claim that EU citizenship is “destined”, to paraphrase the Court of Justice, only and ever to remain a form of market citizenship. But drawing from both the nature of the EU as a polity and the material impact of its citizenship thus far, it suggests that market citizenship endures as at least one valid and credible way of capturing how EU citizenship has developed in reality. The particular qualities of the EU transnational market are explored so that the possibilities afforded by market citizenship are strongly contextualized. The intricate links between the EU and its Member States and the persisting significance of free movement rights are also discussed as defining characteristics of EU market citizenship. The growing impact of developments beyond free movement law is recognized to a certain extent, but this is not construed as an equally paced alchemic reaction in legal, social or political terms. The overall argument presented does not seek to dismiss or displace the wealth of normative thinking that conceptualizes EU citizenship (contested as it is) in both creative and challenging ways. Rather, the article reflects on the extent to which we are actually “there yet” in empirical terms.

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Mantu, Sandra, and Paul Minderhoud. "Exploring the limits of social solidarity: welfare tourism and EU citizenship." UNIO – EU Law Journal 2 (June 1, 2016): 4–19. http://dx.doi.org/10.21814/unio.2.2.

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Political debates concerning the free movement of (poor) EU citizens (mainly from the newer EU Member States) have focused upon the twin issues of abuse of free movement rights and welfare tourism, despite the lack of meaningful evidence that the two are actually taking place on a wide scale in the EU. This article discusses the increasing political contestation of EU mobility as captured by notions such as, welfare tourism and poverty migration. The analysis of the case law of the Court of Justice of the European Union on issues of social rights and EU citizenship shows a noticeable shift towards stricter interpretations of the scope of social solidarity for mobile EU citizens. We argue that the coupling of these two aspects of EU mobility raises questions about the scope of EU citizenship and its nature as a fundamental status.

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Balnaves, Hugo. "A Bride Run Free Movement of People in the EU, the Fundamental Right to Family, Family Reunification, and the Case of Denmark." Nordic Journal of European Law 4, no. 1 (August 26, 2021): 69–83. http://dx.doi.org/10.36969/njel.v4i1.23173.

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Danish legislation has made it increasingly difficult for Danish citizens who have not exercised their free movement (static EU citizens) to have their third country national (TCN) family member(s) reside with them in Denmark under family reunification. On the other hand, EU citizens (mobile EU citizens) who have exercised their free movement and reside in Denmark with their TCN family member(s), have access to far more generous EU family reunification legislation. This article explores the extent to which reverse discrimination effects Danish citizens compared to mobile EU compatriots living in Denmark and how this interacts with EU citizenship rights such as free movement and the fundamental right to family life.

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Shaw, Jo. "Citizenship, Migration and Free Movement in Brexit Britain." German Law Journal 17, S1 (July 1, 2016): 99–104. http://dx.doi.org/10.1017/s2071832200021787.

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Regardless of what happens in the next few months and years in the post-referendum UK, much of the harm has been done. The uncertainty, in particular, is killing. It will have a significant impact on many of the UK's most productive economic sectors including universities and financial services. It will cast a shadow over inward investment and over the willingness to take risks of those responsible, for example, for building new infrastructure. There will be a brain drain. Already in some respects the EU is acting as if the UK were no longer a Member State. It has no Commissioner since Jonathan Hill's resignation. After the EUCO summit on 29 June which took pace without the UK's presence, EU27 conclusions were issued.

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Staver, Anne. "Free Movement and the Fragmentation of Family Reunification Rights." European Journal of Migration and Law 15, no. 1 (2013): 69–89. http://dx.doi.org/10.1163/15718166-12342024.

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Abstract Family reunification regulations in the EU are increasingly complex, and they vary for different groups of sponsors. This paper documents the existence of four parallel legal regimes for family reunification — national rules for citizens who do not move, EU rules for citizens who move within Europe, the Family Reunification Directive for third-country nationals in the EU, and since 2011, family reunification rights based on EU citizenship status. This paper asks how and why family reunification rules are being thus fragmented, and in particular why so-called ‘reverse discrimination’, where citizens are disadvantaged vis-à-vis non-citizens, is persisting and deepening. It draws on tools from political science, namely historical institutionalism and studies of policy transfer and Europeanization, to showcase the different logics that underlie these puzzling developments.

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Bouveresse, Aude. "The Ambiguous Relationship Between the EU and its Internal Borders." Borders in Globalization Review 1, no. 2 (August 21, 2020): 64–70. http://dx.doi.org/10.18357/bigr12202019567.

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The free movement of EU citizens within the Union reveals the ambiguous relationship between the EU and borders. While the functioning of the internal market is essentially based on freedom of movement and implies the elimination of borders as barriers to trade, the freedom of movement of the European citizen remains defined largely within the conceptual framework of borders, since nationality is a prime requirement for European citizenship. Inside the EU, as this article highlights, borders are necessary and problematic at same time. The Court has played with the concept of borders to address these ambiguities with a view to deepening integration. The conclusion is that if the Court has been able to effectively remove obstacles related to internal borders concerning the free movement of goods and the movement of active economic persons, such has not been the case for the free movement of European citizens, economically inactive. It follows from the division of competences and the case law of the European judges that solidarity remains intrinsically linked to nationality and therefore inevitably leads to the re-establishment of borders and the separation of peoples. This demonstrates the resistance of the “paradigm of a European market citizenship”. By revaluing nationality in the context of the enjoyment of the rights linked to citizenship, the European Court of Justice could hamper the integration process by renationalising the individual and establishing new borders.

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Pennings, Frans. "EU Citizenship: Access to Social Benefits in Other EU Member States." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 3 (September 1, 2012): 307–33. http://dx.doi.org/10.54648/ijcl2012018.

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As the result of the case law of the Court of Justice of the European Union on EU citizenship provisions, even citizens who are not economically active have access to social benefits in a country other than that of origin. Is it justified to connect such effects to EU citizenship, even though EU citizenship does not yet have an identity of its own? In this contribution the case law is analysed and it is argued that because of the objective justification that Member States can still offer for limiting access to their systems, more precisely by the link they may require between the claimant and their community, the case law fits well in the system for achieving the free movement of persons. This 'link approach' is a better explanation for the consistency of the case law than an explanation based on cross-border solidarity or a special identity relating to EU citizenship.

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Ros, Erik. "EU Citizenship and Direct Taxation The European Court of Justice in the Era of Public Decline for a Citizens Europe." EC Tax Review 27, Issue 3 (May 1, 2018): 147–59. http://dx.doi.org/10.54648/ecta2018016.

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The Treaty of Maastricht introduced the status of EU citizenship to the nationals of Member States. Central to that status is the right to move and reside freely within the territory of the Member States, in combination with the right to non-discrimination on the ground of nationality. This contribution discusses, amongst others, whether or not the ECJ has been immune for the decline of the enthusiasm for a citizen’s Europe as a result of the economic crisis since the late 2000s. The contributions centres on the development of the ECJ’s case law on EU citizenship until now and compares it with case law in which the influence of the notion of EU citizenship on the interpretation of the traditional economically based free movement rights on the free movement of persons (‘market freedoms’) is acknowledged. The contribution also discusses whether the ECJ’s changed perspective on the scope of the treaty freedoms for economically active persons is recognized in the ECJ’s Schumacker case law.

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Ristuccia, Fulvia. "Ties that bind and ties that compel: Dependency and the Ruiz Zambrano doctrine." Common Market Law Review 60, Issue 5 (October 1, 2023): 1227–68. http://dx.doi.org/10.54648/cola2023092.

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In EU citizenship law, dependency is a pivotal concept when it comes to the rights of non-EU family members of Union citizens. Under certain circumstances, those family members may earn a derived right to reside, either because they are dependent on a Union citizen or the latter depends on them. The concept of dependency is particularly crucial in the Ruiz Zambrano doctrine, according to which Article 20 TFEU grants a derivative right to reside in the EU citizen’s home State to the non-EU family member if their departure would compel the dependent Union citizen to leave the territory of the EU as a whole, thus impinging on the substance of citizenship rights. Due to the significance of dependency in Ruiz Zambrano cases, where it triggers the application of EU law, that concept is continuously evolving. This article, therefore, aims to review the development of the notion of dependency, its intertwined dimensions – legal, financial, and emotional – highlighting the differences in the degree of dependency expected in free movement (when required) and in Ruiz Zambrano cases, and the increasingly divergent role of fundamental rights in the appraisal of dependency for children and adults. EU citizenship law, dependency, Ruiz Zambrano doctrine, third-country nationals, free movement law

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Cousins, Mel. "Free Movement of Workers, EU Citizenship and Access to Social Advantages." Maastricht Journal of European and Comparative Law 14, no. 4 (December 2007): 343–60. http://dx.doi.org/10.1177/1023263x0701400402.

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Gehring, Anoeshka. "Mobile pensioners: retirement migrants’ perspectives of EU citizenship and free movement." Innovation: The European Journal of Social Science Research 32, no. 2 (October 9, 2018): 254–69. http://dx.doi.org/10.1080/13511610.2018.1525285.

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Kruma, Kristine. "‘A Hopeful Transmission’: Searching for Citizenship beyond the State." European Journal of Migration and Law 17, no. 4 (November 24, 2015): 361–93. http://dx.doi.org/10.1163/15718166-12342086.

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The article discusses the status of eu citizenship which has been proclaimed to be a ‘fundamental status’ in eu law. The hypothesis is that this allows the eu to re-investigate its approach in treating eu citizens who might not availed themselves to explore free movement rights. In this context the application to ‘purely internal situations’ is examined along with invocation of fundamental rights according to Articles 18, 20 and 21 tfeu. Furthermore, the article focuses on instances of cases in which ‘systemic violations of substance of eu citizens rights’ have occurred. In this context the possibilities for the eu to introduce systemic monitoring of fundamental rights is analysed. The approach to eu citizenship is described as an ‘open or evolving concept’. Proposals are made on how the fundamental rights aspect in elaborating eu citizenship concept should be strengthened.

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van den Brink, Martijn. "Is It Time to Abolish the Substance of EU Citizenship Rights Test?" European Journal of Migration and Law 23, no. 1 (March 18, 2021): 13–28. http://dx.doi.org/10.1163/15718166-12340092.

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Abstract It is almost ten years since Ruiz Zambrano decided that Article 20 TFEU precludes national measures which deprive EU citizens of the genuine enjoyment of the substance of their citizenship rights. The CJEU has since then clarified when the substance of rights test applies. This article highlights several inconsistencies and unresolved puzzles in the case law. First, contrary to what was initially suggested, EU citizens can be deprived of the substance of their rights. Second, contrary to what initial judgments suggested, the substance of rights test is not independent of but grounded in the right to free movement. This suggests that the same level of protection can be provided to EU citizens without this test, simply by relying on EU free movement law. The paper concludes by suggesting that these deficiencies can only be resolved by reconsidering the substance of rights test altogether.

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Shuibhne, Niamh Nie. "Legal implications of EU enlargement for the individual: EU citizenship and free movement of persons." ERA Forum 5, no. 3 (September 2004): 355–69. http://dx.doi.org/10.1007/s12027-004-0025-6.

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Maas, Willem. "European Citizenship in the Ongoing Brexit Process." International Studies 58, no. 2 (April 2021): 168–83. http://dx.doi.org/10.1177/00208817211002008.

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Although traumatic, the ongoing Brexit process does not fundamentally alter either the legal status of European citizenship or the debates about it within the European Union (EU). Citizenship and free movement are so fundamental to the European project that even the new status of an important state like the UK does not change the political dynamics surrounding them.

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Ros, Erik. "EU Citizenship and Taxation Is the European Court of Justice Moving Towards a Citizens Europe?." EC Tax Review 23, Issue 1 (February 1, 2014): 43–55. http://dx.doi.org/10.54648/ecta2014005.

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The Treaty of Maastricht introduced the status of EU citizenship to the nationals of Member States. Central to that status is the right to move and reside freely within the territory of the Member States, in combination with the right to non-discrimination on the ground of nationality. This contribution argues that the European Court of Justice (ECJ) is in the process of reconceptualizing the economically based treaty rights on the free movement of persons into a right that is becoming more and more disconnected from the EU's objective of the realization of the internal market. That perspective is also recognized in the ECJ's direct tax case law on the free movement of economically active persons and has caused for expansion of the influence of EU law on the direct tax autonomy of Member States. This contribution argues that EU citizenship can be viewed as the normative treaty justification underlying that new perspective.

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Shuibhne, Niamh Nic. "Derogating from the Free Movement of Persons: When can EU Citizens be Deported?" Cambridge Yearbook of European Legal Studies 8 (2006): 187–227. http://dx.doi.org/10.5235/152888712802731223.

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Ten years ago, the Bayerisches Landessozialgericht referred four questions to the Court of Justice for a preliminary ruling; the resulting judgment on María Martínez Sala’s entitlement to a child-raising allowance finally yanked the concept of Union citizenship from its sluggish hinterland in the EC Treaty and launched the Court and the Community legislature on a mission—to uncover the substantive content and scope of citizenship, and to realise its potential as an autonomous rights-giving force. The intervening decade has seen enthusiastic, if not always coherent, progression of this vocation, and thereby renewed animation of Community law on the free movement of persons. Much work in this field seeks to plot the evolving rights for EU citizens; but what about the position of the Member States? Their capacity to determine and manage their own immigration rules had already been eroded by ‘traditional’ Community law on workers, establishment and services.

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Shuibhne, Niamh Nic. "Derogating from the Free Movement of Persons: When can EU Citizens be Deported?" Cambridge Yearbook of European Legal Studies 8 (2006): 187–227. http://dx.doi.org/10.1017/s1528887000004717.

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Ten years ago, the Bayerisches Landessozialgericht referred four questions to the Court of Justice for a preliminary ruling; the resulting judgment on María Martínez Sala’s entitlement to a child-raising allowance finally yanked the concept of Union citizenship from its sluggish hinterland in the EC Treaty and launched the Court and the Community legislature on a mission—to uncover the substantive content and scope of citizenship, and to realise its potential as an autonomous rights-giving force. The intervening decade has seen enthusiastic, if not always coherent, progression of this vocation, and thereby renewed animation of Community law on the free movement of persons. Much work in this field seeks to plot the evolving rights for EU citizens; but what about the position of the Member States? Their capacity to determine and manage their own immigration rules had already been eroded by ‘traditional’ Community law on workers, establishment and services.

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Costello, Cathryn. "Metock: Free movement and “normal family life” in the Union." Common Market Law Review 46, Issue 2 (April 1, 2009): 587–622. http://dx.doi.org/10.54648/cola2009024.

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This article examines the ECJ’s ruling, following an exceptional accelerated procedure, in Case C–127/08 Metock, of 25 July 2008. The article praises the Court’s boldness in abandoning the “prior lawful residence” requirement for residence rights of third–country national (TCN) family members of migrant EU Citizens, explicitly overruling Akrich on this issue. Its reasoning is bold, yet economical, grounded in the 2004 Citizenship Directive and right to free movement of EU citizens. However, the article is critical of the failure to publish the Opinion of AG Maduro and the sparse reasoning in the case. The ECJ’s fundamental rights reticence is particularly striking, in particular as its conception of the residence rights inherent in “normal family life” diverges from the analogous protections under Article 8 ECHR. Although Metock was an easy transborder case concerning migrant EU citizens resident in another EU Member State, the article also argues that the denial of the EC dimension to the family reunification claims of static EU citizens against their home Member States is increasingly untenable.

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KRAMER, Dion. "Earning Social Citizenship in the European Union: Free Movement and Access to Social Assistance Benefits Reconstructed." Cambridge Yearbook of European Legal Studies 18 (November 8, 2016): 270–301. http://dx.doi.org/10.1017/cel.2016.10.

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AbstractWhile ideas on ‘earned citizenship’ have been around in discussions on the coexistence of freedom of movement and nationally-bounded welfare states in the European Union, both the concept and the process it entails have hardly been explored in connection to EU (case) law. This contribution identifies earned citizenship as a technique of government in the broader political strategy of neoliberal communitarianism, requiring Union citizens to ‘earn’ access to the welfare system through an emphasis on their individual responsibility to fulfil the economic, social and cultural conditions of membership. Analysing economically inactive Union citizens’ access to social assistance benefits, it argues that earned citizenship has been visible since the Court’s early citizenship jurisprudence, but has been reconstructed with the recentDano-line of case law.

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O’brien, Charlotte. "Civis capitalist sum: Class as the new guiding principle of EU free movement rights." Common Market Law Review 53, Issue 4 (August 1, 2016): 937–77. http://dx.doi.org/10.54648/cola2016089.

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As the last traces of EU citizenship disappear, the definitional boundary between work and inactivity becomes more critical. The ECJ’s increasing tolerance of nationality-discrimination creates a moral vacuum at the heart of free movement law, which is being exploited by Member States to impose their own definitions of work. Migrant workers on low incomes and in insecure jobs are at risk of exclusion from any equal treatment, which is especially concerning as labour market patterns change and zero hours contracts proliferate. The working poor are alienated, while the benefits of free movement are reserved for the better resourced. These domestic distortions of EU law feed back into, and distort in turn, EU law at its source – a prime example being the proposed “in-work benefit brake” in the UK-EU new settlement.

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Deacon, Bob, Lorenzo Fioramonti, and Sonja Nita. "Regions without borders? Regional governance, migration, and social protection in Africa and Europe." Regions and Cohesion 3, no. 3 (December 1, 2013): 1–7. http://dx.doi.org/10.3167/reco.2013.030301.

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In many respects, Europe and Africa (particularly Southern Africa) represent two opposing examples in the study of intra-regional migration and social cohesion. The European Union (EU) has been a global pioneer in allowing freedom of movement and portability of social rights across member states. A centerpiece of the EU integration process has been the progressive establishment of a common market, in which goods, services, capital, and people can move freely. With regard to the la􀄴 er, the concept of free movement originally only targeted the economically active population (in other words, the free movement of workers) but was gradually extended by Treaty amendments to all citizens of the EU. This extension was further strengthened by the Treaty of Maastricht in 1992, which introduced the concept of citizenship in the European Union thereby establishing the fundamental and personal right to move and reside freely within the EU.

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Clement, Andrew Anzur. "News from the East: Perceptions of the Free Movement of Persons in the Polish Popular Press." East European Politics and Societies: and Cultures 31, no. 4 (July 18, 2017): 799–817. http://dx.doi.org/10.1177/0888325417716511.

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The free movement of persons in the EU has been thought of as reflecting an ideal of supranational solidarity within the single market. However, over the past decade, it has become a source of political contention among European peoples. Much attention has been paid to Western European, anti-EU sentiment regarding Central Eastern European migration. Yet euroskeptic populism has recently risen within the eastern EU as well. Despite this phenomenon, less attention has been given to discursive views of the free movement of persons in the eastern expansion countries. This contribution takes issue with transactionalist and utilitarian approaches to identity formation. It argues that resilient national identity shapes the perception of national interests regarding the market-based citizenship promoted by the EU institutions. Through qualitative analysis of the high-circulation popular Polish press, this study finds that when viewed through national identity–based interest perceptions, the free movement of persons is not framed in terms of “actual” economic benefits or opportunities. Instead, it is framed as a dubious benefit of EU integration, in relation to many obligations of EU membership. In contrast, the press discourse examined here frames intra-Union migration as the continuing unfortunate necessity of emigration. Thus, national identity conceptions may influence the eastern EU press narrative, causing it to frame the free movement of persons negatively, in terms of perceived interests.

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Shkembi, Anxhela. "Barriers to EU mobility: Facilitating mobility of workers in the EU." HAPSc Policy Briefs Series 3, no. 1 (June 29, 2022): 199–205. http://dx.doi.org/10.12681/hapscpbs.31009.

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Free movement of workers within the European Union is the second fundamental principle of the Treaty on the Functioning of the European Union (TFEU) and one of the four freedoms enjoyed by the European citizens. Its main objective is to enhance the living standard of each individual but also of European society in general. However, even though the free movement of European workers provides citizens with plenty of opportunities, mobility rates are particularly low. By all the EU citizens of working age in 2020, only 3.3% resided in an EU country apart from that of their own citizenship in accordance with Eurostat. Under those circumstances, a few policy ideas are provided in order to boost the mobility of EU workers: Access to extended and more valid information More effective response by the Commission when it comes to the breach of the Directive More effective management of petitions Reinforcement of SOLVIT Adaptation of national legislation to the Directive Removal of unnecessary hurdles New framework of cooperation between member states The scope of this policy paper is to delve deeper into the factors that hinder the movement of European citizens and to provide some policy ideas which could facilitate this procedure.

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Von Papp, Konstanze. "‘Benefit tourism’ post-Brexit: tackling the ghost by more EU social engagement." Northern Ireland Legal Quarterly 69, no. 3 (September 6, 2018): 271–90. http://dx.doi.org/10.53386/nilq.v69i3.164.

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This article argues that welfare migration, although ill-defined and yet to be proven empirically, needs to be addressed by the EU. The negative perception of immigration has given rise to anti-EU, nationalist sentiment. Financial solidarity between EU citizens is subject to caveats, although there is hope for increased solidarity between pro-EU citizens post-Brexit. The EU should foster this by introducing ‘associate citizenship’. It can take guidance from the USA and provide for basic EU social standards while guaranteeing free movement for the rich and the poor.

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Iglesias Sánchez, Sara. "EU Citizenship and Migration Law: Reshaping the Balance of Multi-National Communities? The Case of Ceuta and Melilla." European Journal of Migration and Law 18, no. 3 (September 20, 2016): 259–74. http://dx.doi.org/10.1163/15718166-12342102.

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The impact of eu law on the situation of the third country nationals in Ceuta and Melilla has been twofold. The first phase of the construction of an European identity through free movement law had an important impact on the population of the autonomous cities, since the accession of Spain to the eu, which entailed the introduction of several modifications in field of immigration law, led to the emergence of differentiated legal regimes which were previously inexistent, strengthening the differences of status based on nationality. In more recent times, the introduction of the eu migration law has partially overcome this situation. Taking this scenario into account, this article addresses the way in which free movement law—including the Schengen acquis—and eu citizenship have affected the traditional division between citizens and third country nationals in the autonomous cities and the impact of eu immigration policy.

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Grzeszczak, Robert. "Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach." Opolskie Studia Administracyjno-Prawne 14, no. 4 (1) (November 10, 2016): 39–54. http://dx.doi.org/10.25167/osap.1319.

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The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

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Rataj, Primož. "Book review: Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU." European Journal of Social Security 21, no. 3 (August 7, 2019): 298–303. http://dx.doi.org/10.1177/1388262719869554.

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Gyeney, Laura. "The free movement of economically inactive EU citizens: The right to reside test." Bratislava Law Review 3, no. 1 (June 30, 2019): 43–57. http://dx.doi.org/10.46282/blr.2019.3.1.125.

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The question of free movement rights of economically inactive citizens and their access to social assistance is a legally controversial and a politically sensitive issue. This is well illustrated by the CJEU’s recent case law which signals a shift in its former jurisprudence towards a more restrictive approach relating to access to social assistance benefits for economically inactive EU citizens. Moreover, the Court’s case law appears to be moving away from the concept of EU citizenship as a general value and common solidarity. The present article aims to give a brief overview of the relevant case law with the aim of seeking answer the question whether this turn in the CJEU’s case law predicts a real paradigm shift or just a consolidation phase in the Court’s jurisprudence.

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Ulceluse, Magdalena, and Felix Bender. "Two-tier EU citizenship: Disposable Eastern European workers during the COVID-19 pandemic." Organization 29, no. 3 (April 20, 2022): 449–59. http://dx.doi.org/10.1177/13505084211061229.

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We argue that the (mis)treatment of Eastern European migrant workers during the pandemic revealed the existence of a two-tier EU citizenship, despite the political discourse of equality within the EU. We show that this two-tier citizenship system was generated by the combined effect of differentiated rights and of prejudicious practices applied to EE citizens. In terms of differentiated rights, we refer specifically to the implementation of transitional arrangements for up to 7 years following the Eastern enlargements in 2004 and 2007, which restricted access to the labour markets and welfare systems of the incumbent member states, de facto undermining the right to free movement for this group of EU citizens. In terms of prejudicious practices, we refer to the instances of exploitation, abuses, de-skilling, exclusion from public services and use of social rights that EE migrant workers have been well documented to experience. We show that the two-tier citizenship system reflects the unequal power relations between Member States and the internal political, economic and social hierarchy present within the European Union.

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Fichera, Massimo. "Brexit and the security of the European project: citizenship and free movement as a case study." Northern Ireland Legal Quarterly 69, no. 3 (September 6, 2018): 249–69. http://dx.doi.org/10.53386/nilq.v69i3.163.

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The article makes use of the notion of security as a heuristic device providing a descriptive and normative conceptual framework for the purposes of interpreting the events associated with Brexit. It claims that security can be identified as a meta-constitutional rationale of the European project. In particular, two discourses of power (security and fundamental rights) have been constitutive of the process of European polity-building, although they are characterised by ambiguities and contradictions. Brexit, and in particular the complex issues relating to free movement and citizenship rights, confirms such contradictions and enables us to consider more carefully the nature of the EU polity and the reasons underpinning its development. In other words, security emerges at the same time as an opportunity for growth and as a threat for the European project. The article suggests that, in order to safeguard EU integration, a move from a self-referential to a heterarchical form of security is necessary.

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O’brien, Charlotte. "I trade, therefore I am: Legal personhood in the European Union." Common Market Law Review 50, Issue 6 (December 1, 2013): 1643–84. http://dx.doi.org/10.54648/cola2013162.

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The piecemeal, case by case construction of EU citizenship has created a patchwork of personhoods rather than a unitary status - a patchwork with significant gaps through which people deemed economically inactive are allowed to fall. This paper argues that it is necessary to assess the integrity and effects of a market-centric, economic citizenship. The free movement legal landscape is riven with welfare rights "cliff edges," as changes in circumstance tip claimants from full equal welfare entitlement to none. Examples drawn from the UK include the welfare restrictions placed on Zambrano-reliant families, and the care and pregnancy gaps in Directive 2004/38. Market citizenship and the worker-commodity paradigm have not disappeared, but have been obscured and fortified through the moral language of citizenship and responsibility. The impact upon our ideas of fairness and society is evident in the Union's activation agenda for national welfare regimes. This paper argues that we should recognize the ideological ramifications of accepting the premises of market citizenship, assess its consequences, and ask whether an alternative approach is possible to challenge Member State minimal implementation, to better commit to the protection of each others' nationals and to promote EU level social justice

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Seubert, Sandra. "Shifting Boundaries of Membership: The politicisation of free movement as a challenge for EU citizenship." European Law Journal 26, no. 1-2 (December 15, 2019): 48–60. http://dx.doi.org/10.1111/eulj.12346.

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Dagilyte, Egle. "Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU, edited by Daniel Thym." European Journal of Migration and Law 21, no. 3 (August 7, 2019): 401–4. http://dx.doi.org/10.1163/15718166-12340057.

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Ugur, Mehmet. "Freedom of Movement vs. Exclusion: A Reinterpretation of the ‘Insider'-‘Outsider’ Divide in the European Union." International Migration Review 29, no. 4 (December 1995): 964–99. http://dx.doi.org/10.1177/019791839502900406.

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This article argues that the question of free movement vs. exclusion within the European Union (EU) can be addressed satisfactorily only if we move away from the narrow state-centrism inherent in the current debate. What is required is to ‘open’ the state concept and examine the implications of state-society relations for EU policymaking. Once this is done, it can be seen that the exclusionist stance of the immigration policy and the essentially intergovernmental nature of the policymaking are due to an implicit contract between states and constituents implied by the concepts of nationality and citizenship. According to this perspective, the focus on the state or the political elite alone is too one-sided and misses the more complex factors bearing upon EU policymaking in this area.

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Hyltén-Cavallius, Katarina. "The Unfolding Destiny of Union Citizenship: From a Fundamental Status to a Status of Genuine Substance." European Journal of Migration and Law 24, no. 3 (September 12, 2022): 430–61. http://dx.doi.org/10.1163/15718166-12340136.

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Abstract This article analyses the legal origins of the ‘substance of rights’ doctrine, and its judicial development since its creation in landmark Union citizenship cases over a decade ago. It is demonstrated how the status of Union citizenship has evolved from being a proclaimed fundamental status for the individual in a lawful cross-border situation, to an increasingly operational and legally effective status regardless of the nature of the free movement situation. Under a genuinely substantive status of Union citizenship, any and all Member States are obligated to neither restrict freedom of movement under art. 21 TFEU, nor deprive, de jure or de facto, a Union citizen of the genuine enjoyment of the substance of Union citizenship rights under art. 20 TFEU. Thereby, the relevance of art. 20 TFEU is no longer reserved to the Union citizen’s relationship to their home Member State. In addition, it is argued that, as the jurisdictional spheres of art. 21 TFEU and 20 TFEU merge, the legal mechanisms of EU fundamental rights protection should also be streamlined across Directive 2004/38, art. 21 TFEU and art. 20 TFEU; thereby giving further substance to the citizenship ideal of civis europaeus sum.

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Trstenjak, Verica. "Civis Europeus Sum – Union Citizenship and the Influence of the Court of Justice of the European Union." European Review 23, no. 1 (January 29, 2015): 71–80. http://dx.doi.org/10.1017/s1062798714000556.

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Since its formation in 1950s as the economic community, the EU has created the monetary union and is increasingly evolving also into a political union – part of which is also a union or Europe of citizens. This article explores the development and the existing EU legislation and case law of the Court of Justice of the EU (CJEU) on Union citizenship. The article emphasises the importance of the case law of the CJEU for the development of this concept, focusing especially on the case law pertaining to access to social security benefits in another Member State, the rights of students, tax relief, and personal rights such as the right to write a name in a certain way and the right to family life. Case law of the CJEU has, inter alia, confirmed that even economically inactive Union citizens lawfully residing in another Member State have a right to access to social benefits under the same conditions as the Member State’s own nationals. The concept of the Union citizenship is of key importance in the development of EU law, as it expands the scope of the applicability of the provisions on free movement of persons and other fundamental freedoms. New challenges and questions linked to Union citizenship are arising over time, which should also be regulated at the EU level in the future. Therefore, further development of this concept can still be expected in the EU.

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Thym, Daniel. "The elusive limits of solidarity: Residence rights of and social benefits for economically inactive Union citizens." Common Market Law Review 52, Issue 1 (February 1, 2015): 17–50. http://dx.doi.org/10.54648/cola2015002.

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The free movement of persons is central to the legal and political identity of the European project; it is the most important right attached to Union citizenship and defines the self-perception of those holding the status. Nevertheless, the precise legal standards for the delimitation of residence and equal treatment rights often remained elusive, in particular with regard to citizens with scarce resources. It will be demonstrated that Union law and corresponding Court judgments (most recently Brey and Dano) fluctuate between two visions of how to perceive EU citizenship and the limits of transnational solidarity: one conception based on territorial presence and another promoting social cohesion.

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Junevičius, Algis, and Rasa Daugėlienė. "Restrictions on European Union Citizens’ Freedom of Movement and Residence in the Country on Grounds of Public Policy, Public Security and Public Health." Baltic Journal of European Studies 6, no. 1 (February 1, 2016): 48–68. http://dx.doi.org/10.1515/bjes-2016-0003.

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AbstractThe free movement of persons is one of the most successful European Union projects, serving as a majorly important factor promoting the European integration processes. The adoption of the Treaty on the European Union and the creation of EU citizenship implemented significant changes: the status of EU citizens and their right to move and reside freely within the territory of the Member States can no longer be interpreted in the way it was before the adoption of the Treaty on the European Union. There are no requirements for EU citizens within the Treaty to pursue professional or independent activities or to work under an employment contract in order to access provided rights. However, the right of free movement is not unlimited. The administrations of the Member State governments are authorized to impose restictions on the free movement of citizens. In the light of these facts, this article examines exceptions in the field of free movement of persons and indentifies concepts of public policy, public security and public health. Special attention is given to so-called rule limitation of restrictions and to the mechanism of protection against expulsion from the country. The article concludes by saying that the institutions of Member State governments have the right to evaluate threats within the territory of the country and to decide on the content of public security by themselves. However, their discretion can not be used as an instrument to treat the conduct of other Member State citizens in a worse way than that of their own local citizens.

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Harding, Christopher. "Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU, Modern Studies in European Law." International Journal of Refugee Law 31, no. 1 (March 2019): 161–62. http://dx.doi.org/10.1093/ijrl/eez014.

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Rossi, Lucia Serena. "EU citizenship and the free movement of heads of State: Hungary v. Slovak Republic." Common Market Law Review 50, Issue 5 (October 1, 2013): 1451–65. http://dx.doi.org/10.54648/cola2013139.

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Hyltén-Cavallius, Katarina. "Solidarity and the Bond of Nationality in Union Citizenship Law." Nordic Journal of European Law 6, no. 2 (September 9, 2023): 68–83. http://dx.doi.org/10.36969/njel.v6i2.25412.

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While solidarity as an ideal in the legal relationship between a host Member State and the non-national Union citizen has all but vanished from the discourse of EU free movement law, it has resurged in another line of case law concerning Union citizenship. The relationship between the Member States and their own nationals is at the centre of the case law on loss of Union citizenship rights under Article 20 TFEU. The bond of nationality between the individual and the state is there designated as one of ‘solidarity’ and ‘good faith’. This article argues that solidarity, as an ideal, is also relevant for understanding the case law dealing with returning, or naturalising Union citizens who have made use of freedom of movement under Article 21 TFEU. The article provides a discussion on the various expressions of solidarity as a component of the ideal bond of nationality between a Union citizen and their home Member State. Conclusively, it is argued that the meaning of the bond of nationality will continue to develop together with the legal evolution of Union citizenship.

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Uchańska, Joanna. "Uznanie dziecka według przepisów Kodeksu rodzinnego i opiekuńczego w świetle regulacji prawa prywatnego międzynarodowego." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, no. 1 (September 4, 2018): 95–106. http://dx.doi.org/10.14746/ppuam.2012.1.07.

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The paper discusses the current issues on recognition of paternity in the light of children’s rights. It identifies the proper tools necessary for determining paternity and maternity and highlights their growing importance in connection with common migration and free movement of persons in the EU. The issue of establishing the law applicable to the content or the form of declaration of paternity is presented based on judicial practice. 34 E. Skrzydło-Tefelska, op. cit., s. 149–150.106 | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza The paper describes the relationship between recognition of paternity and the process of establishing citizenship and the conditions that must be fulfilled to obtain legal residence in Poland. The conclusions de lege ferenda call for changes in the acquisition of Polish citizenship by operation of law by a child who has been recognized by a man of Polish citizenship. Currently, this possibility is limited by the annual date on which it is necessary to recognize to change a citizenship of a child by law

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van den Brink, Martijn. "A typology of reverse discrimination in EU citizenship law." European Law Open 2, no. 1 (March 2023): 57–78. http://dx.doi.org/10.1017/elo.2022.54.

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AbstractThis Article sheds new light on one of the longest-running debates in the European Union (EU) citizenship literature: the concept of ‘reverse discrimination’ and the question of whether it is justified. Reverse discrimination has divided EU lawyers into roughly two distinct groups. One group believes that it constitutes an unjustified violation of the principle of equality; a second that it is inevitable in a Union governed by the constitutional principle of divided powers. This Article questions this by offering a typology of reverse discrimination. While most scholars assume that reverse discrimination is a singular phenomenon that demands a singular response, this Article shows that it is a variegated phenomenon that demands a variegated response. It distinguishes three types of reverse discrimination and explains that the proper response depends on the type we are considering. Type I is caused by the application of the principle of mutual recognition; Type II by an interaction between domestic federalism and internal discrimination; and Type III by the CJEU’s confusion over the aim of the right to free movement and residence. Through this typology, the Article shows that reverse discrimination is never a corollary of the principle of divided powers, nor is it always incompatible with the principle of equality. Finally, the Article shows that to the extent that reverse discrimination violates the principle of equality, the solution is not to equalise rights upwards but downwards to the lower (national or regional) level of government. This shows that the principle of equality and the principle of divided powers need not collide.

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van Eijken, Hanneke. "Connecting the Dots Backwards, What Did Ruiz Zambrano Mean for EU Citizenship and Fundamental Rights in EU Law?" European Journal of Migration and Law 23, no. 1 (March 18, 2021): 48–67. http://dx.doi.org/10.1163/15718166-12340094.

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Abstract What was the added value of the Ruiz Zambrano judgment of the Court of Justice of the EU for the development of EU citizenship? And how does that affect the national level? In this contribution the case of Ruiz Zambrano and the subsequent case law of the Court of Justice and the Dutch courts is assessed to reveal its impact on EU citizenship and the protection of fundamental rights. The contribution shows that Ruiz Zambrano could be called a revolution, in the sense that irrespective of the exercise of free movement, nationals of the Member States can invoke their status of being an EU citizen. That has consequences for family reunification, and the right to reside as a family in the EU. However, the line of case law is still very limited and can be restricted on grounds of public policy and security (and public health; so far there is no case law on restriction on public health and Article 20 TFEU, but in the context of Covid-19 that might be different in the near future). Moreover, the fundamental rights narrative in the cases on Article 20 TFEU became more prominent. However, the implementation of this line of case law lies at the national level and the Dutch case law on Article 20 TFEU is therefore analysed as an example.

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Baxter, N. S. J. "Policing Maastricht." Police Journal: Theory, Practice and Principles 70, no. 1 (January 1997): 49–53. http://dx.doi.org/10.1177/0032258x9707000108.

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In February 1992 the Treaty of European Union was signed at Maastricht. It committed member States to new Community goals which included increasing government cooperation in the fields of foreign and security policy along with justice and home affairs (Steiner, 1994). The following “pillars” to develop the Union were identified. First of all, the protection of the rights and interests of people was strengthened by introducing citizenship of the European Union (EU); secondly a commitment was made to implement a common foreign and security policy indicated a movement towards a common defence of the Union against third party States. The third pillar seeks to facilitate the free movement of persons, while ensuring their safety and security through member States, by working closely in the areas of justice and home affairs (Benyon et al, 1993). It is this latter aspect which has implications for policing within the EU.

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Journal articles on the topic 'Free movement and citizenship of the EU'

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