EU Citizenship and Federalism
The Role of Rights

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

Dimitry Kochenov (Edited by)

9781107421004, Cambridge University Press

Paperback / softback, published 6 December 2018

867 pages, 3 b/w illus.
22.8 x 15.1 x 4.3 cm, 1.26 kg

'EU Citizenship and Federalism is a work of art, not just because of the cover, but especially for its content. Looking through a federal lens, where does EU citizenship stand, how did it get there and where is it going? These questions are at the core of thirty contributions from noted scholars in this impressive volume. What makes this book a work of art is how it reflects not just one side of the issues, but shows numerous opposing views.' David de Groot, Common Market Law Review

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.

1. Introduction: on tiles and pillars: EU citizenship as a federal denominator Dimitry Kochenov
Part I. Citizenship within the EU Federal Context: 2. The origins and the potential federalising effects of the substance of rights test Martijn van den Brink
3. Some reflections on Member State nationality: a prerequisite of EU citizenship and an obstacle to its enjoyment Maciej Szpunar and María Esther Blas López
4. The European federalisation process and the dynamics of fundamental rights José Luís da Cruz Vilaça and Alessandra Silveira
5. Recasting EU citizenship as federal citizenship: what are the implications for the citizen when the polity bargain is privileged? Niamh Nic Shuibhne
6. Transfiguring European citizenship: from Member State territory to Union Territory Loïc Azoulai
7. Earned citizenship – understanding Union citizenship through its scope Eleanor Spaventa
8. European citizenship and its new union: time to move on? Daniel Sarmiento and Eleanor Sharpston
9. Going home? 'European' citizenship practice twenty years after Antje Wiener
Part II. EU Citizenship Rights and the Vertical Division of Powers in the EU: 10. The political side of EU citizenship in the context of EU federalism Federico Fabbrini
11. Reframing public health governance: from risk to citizenship and participation Mark L. Flear
12. The federal implications of the transformation of the market freedoms into sources of fundamental rights for the Union citizen Alina Tryfonidou
13. Perspectives on social citizenship in the EU – from status positivus to status socialis activus via two forms of transnational solidarity Dagmar Schiek
14. A citizenship right to stay? The right not to move in a Union based on free movement Sara Iglesias Sánchez
15. 'Scelestus europeus sum': what protection against expulsion EU citizenship offers to European offenders? Michal Meduna
16. EU sexual citizenship: sex beyond the internal market U?adzis?a? Belavusa?
17. EU citizenship and the European federal challenge through the prism of family reunification Stanislas Adam and Peter Van Elsuwege
18. The right to stay at home: a basis for expanding European family rights Gareth Davies
19. EU citizenship and the right to care Nathan Cambien
20. Union citizenship and disability: restricted access to equality rights and the attitudinal model of disability Charlotte O'Brien
21. Data privacy rights and citizenship: notes on federalism all the way up Bilyana Petkova
22. The federal imbedding of citizens in the European Union Member States' criminal law, or how EU citizenship is shaping criminal law Hanneke van Eijken and Tony P. Marguery
23. The right of EU citizens to diplomatic and consular protection: a step toward recognition of EU citizenship in third countries? Patrizia Vigni
Part III. Broader Implications and Limitations: 24. Individual rights, interstate equality, State autonomy: European horizontal citizenship and its (lonely) playground from a trans-Atlantic perspective Francesca Strumia
25. EU citizenship and fundamental rights: contradictory, converging, or complementary? Dominik Düsterhaus
26. Reverse Solange – Union citizenship as a detour on the route to European rights protection against national infringements Johanna Croon-Gestefeld
27. Union citizenship re-imagined: the scope of intervention of EU institutions Jože Štrus
28. Frontiers of EU citizenship. Three trajectories and their methodological limitations Daniel Thym
29. EU citizenship and its relevance for EU exit and secession Phoebus L. Athanassiou and Stéphanie Laulhé Shaelou
30. Epilogue on EU citizenship: hopes and fears Koen Lenaerts and José A. Gutiérrez-Fons.

Subject Areas: Social law [LNT], Government powers [LNDH], Human rights & civil liberties law [LNDC], Citizenship & nationality law [LNDA], Constitutional & administrative law [LND], Public international law [LBB], International law [LB], Law & society [LAQ], Civil codes / Civil law [LAFD], Law [L]