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Abstract by the author: 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
Abstract by the author: This edited volume analyzes European citizenship by focusing not only on its legal, but also on its political and historical dimensions. The authors from different disciplines address different aspects of European citizenship, which was introduced to EU law in the Treaty of Maastricht. In doing so, the rights of European citizens are wrapped up under one title by considering more than one aspect of the citizenship.
Abstract by the author: There is a close connection between EU citizenship and rights, both in the law and literature. This article claims that EU lawyers' understanding of EU citizenship and rights suffers from empirical, normative, and conceptual shortcomings. I will point out that there has been insufficient awareness for the boundedness of EU citizenship, the political structure of the EU and the constraints this (realistically) imposes on the ‘meaningfulness’ of EU citizenship. EU citizenship must not be understood as requiring an elaborate set of equal rights for all Union citizens throughout the EU, but valued for its ability to allow its status holders to enjoy (almost) full membership in the Member States of which they do not possess nationality.
Abstract by the authors: The cornerstones of EU citizenship are the right of free movement and the right not to be discriminated against on grounds of nationality. In this article, I choose three categories and test either the overlap between EU citizenship status and practice (Eurostars) or the mismatch between the two (‘perceived as Roma EU citizens’ and EEA-non-EU citizens – Norwegians in this case). I use a performative citizenship approach and, based on 51 interviews with free movers, I analyse how their free movement acts extend and challenge EU citizenship. I argue that the differentiated practice of free movement creates different gears of EU citizenship and, thus, an internally differentiated membership as well as a quasi-EU citizenship outside the formal status.
Abstract by the authors: Examines Rendon Marin v Administracion del Estado (C-165/14) and Secretary of State for the Home Department v CS (C-304/14) (ECJ) on whether non-EU nationals who committed criminal offences should nevertheless be allowed to stay, because they had derived rights as carers for their children, who had EU citizens' rights. Considers the children's claim for effective enjoyment of rights, even where they had not made use of the freedom of movement.
Abstract by the authors: This paper deals with the question: Who ought not to be excluded from the enjoyment of European citizenship rights? Recently, the Court of Justice has ruled that, in exceptional situations, the 'genuine enjoyment of the substance of rights attaching to European citizenship' can be invoked in order to also extend legal protection to specific categories of third country nationals. I will argue that the 'genuine enjoyment' formula is not only setting an innovative jurisdictional test concerning European citizenship rights, but that it is also highlighting how the traditional account of citizenship (from status to rights) can be conceptually reversed. This happens in threshold cases, where the tenability of the schema of distribution of rights, agreed within a political community, depends on the possibility to readjust the boundaries of political membership.
Abstract by the author: This submission challenges the presumption that UK nationals will lose EU citizenship following Brexit. Until now, the dominant narrative has been drawn from the law on treaties or international organizations, and this article adds the human rights perspective to Brexit. Firstly, EU citizenship can be assimilated to nationality. While EU citizenship is unique, the status protected under international law is a legal bond a person has with a political entity. This protection certainly covers nationality, and this paper argues it can be understood to also protect EU citizenship. Secondly, international law prohibits arbitrary withdrawal of this legal bond with a person. The UK does not have jurisdiction over EU citizenship, so it is doubtful the UK can terminate EU citizenship unilaterally. Even if the EU were to withdraw EU citizenship on its initiative, it would still constitute retroactive law, discrimination, and infringement of sovereignty. It is also disproportionate, because the loss of EU citizenship is not necessary for Brexit. When Greenland withdrew from the EU, its residents retained EU citizenship. For these reasons, the revocation of EU citizenship would be arbitrary. A distinction must be made between the membership of a state in the EU which can be terminated, and the direct legal bond formed between a person and the Union, which is far harder to revoke. On this basis, any UK national who has acquired EU citizenship prior to Brexit, should not be divested of it following Brexit.
Abstract by the author: Within the legal framework of the EU, the Member States have remained competent to regulate who qualifies as a national. As nationals of a Member State are simultaneously EU citizens and enjoy the right to intra-EU mobility, it is the Member States who, through their Nationality Laws, determine who is to be classed as an EU citizen and who enjoys the right to intra-EU mobility. This article explores whether Member State competence to regulate nationality matters has been affected by the introduction of EU citizenship and/or developments in intra-EU mobility rights, the contents of which are determined primarily by the EU.
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Abstract by the author: The relationship between EU citizenship and nationality is still defined by 'linkage' and 'derivation': national citizenship enjoys primacy over and conditions access to EU citizenship. However, because naturalisation decisions have a European dimension as well as a cross-border dimension, various commentators have questioned whether this primacy is desirable. This article examines alternative models of EU citizenship and argues that the answer is not to reconsider the criteria of 'linkage' and 'derivation', but to create some common EU rules on 'access' to national and EU citizenship. A particularly attractive solution is for rules on the grant of nationality to be guided by the idea of a 'genuine link'. Reflecting on the Commission's recent report on investment citizenship within the EU and the debate it provoked, this article questions whether such shared rules can currently be adopted.
Abstract by the author: This article uses the current ‘refugees/migrants crisis’ and Brexit as illustrative of the numerous challenges the European Union faces today when it comes to its identity and the construction of a ‘European citizenship’. By discussing the proliferation of borders on the European continent and by analysing the sociological significance of such proliferation, the article argues that Europe is experiencing an ontological and epistemological rather than an existential crisis that relates to its incapacity to acknowledge, and critically engage with, its fundamental neo-colonial and neo-liberal matrix. The article argues that the stalemate experienced by the European Union with respect to its regional and global relevance can only be overcome by bringing to the surface buried or disqualified knowledges about ‘who counts as European’ beyond whiteness.
Abstract by the author: Across Europe, educational institutions are essential in assisting exploration of politics, culture and history, and the use of creative arts appears crucial to supporting this aim. This article reports on Creative Connections, a multi-partner research project that facilitated exchanges for young people to explore their European identities using online art galleries and blogging technologies. Their multimodal conversations revealed an openness to consider artworks as sources of knowledge and experience. Participants did not focus on the nationality of the artist, but concentrated on the relationship that the subject matter of the work had with their own concerns. Anxiety related to populism, exclusive nationalism, social inequality and new forms of labour appeared to impact young European citizens' relationships and their perceptions of democracy
Abstract by the author: This paper examines how territorial rescaling and ensuing citizenship realignment in Europe affect marginalised minorities. It focuses on the case of Roma and calls for a new perspective on this minority: instead of viewing Roma as an exceptional non-territorial minority and migrants, it investigates their position primarily from a citizenship perspective. While examining different examples of the citizenship position of Roma, the paper argues that their positions represent the margins, which become central in defining what citizenship entails at different levels. The margins are usually not directly visible, yet they define the 'boundaries' of citizenship salient during episodes of territorial rescaling.
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