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European Union Citizenship

Vila Maior, Paulo
Fonte: Universidade Fernando Pessoa Publicador: Universidade Fernando Pessoa
Tipo: Aula
Publicado em //2010 Português
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46.89%
At the outset, the paper briefly addresses European Union (EU) citizenship as enshrined in the Treaty on the European Union. Attention is paid on its transnational nature. The political symbolism attached to EU citizenship is also emphasised, as it tries to emulate national concepts of belonging at the EU level. Despite some achievements, flaws are nevertheless a major setback on the EU ambition for supranational citizenship’s limited scope. European Union citizenship is addressed through a twofold conceptual lens. On the one hand, it is measured in terms of the impact on citizens’ loyalties. Eurobarometer and other statistical data are scrutinised to draw a picture on whether citizens drive their loyalties to the EU or to the national (or even regional) levels. Therefore, empirical data provide an assessment of EU citizenship outcomes. Sixteen years of EU citizenship is a considerable time span to make this assessment. On the other hand, the paper asks whether the attempt to forge a complementary citizenship is out of context, considering the common understanding that citizenship is connected with taxation and representation. Thus, a normative approach of EU citizenship is also a reason of concern. Liberal democracies are anchored (among other things) on the “no taxation without representation” principle. I draw an extension of the aforementioned principle and ask whether the absence of significant EU taxation powers is an obstacle to effective supranational citizenship. Thus...

Diplomatic and Consular Protection in EU Law: Misleading Combination or Creative Solution?

VIGNI, Patrizia
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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56.54%
Article 23 of the Treaty on the Functioning of the European Union (TFEU) provides for the right of EU citizens to diplomatic and consular protection by Member States other than the State of nationality in the territory of a third country. But what are the concepts of diplomatic and consular protection embodied in that Article? Are those typical of public international law or rather novel concepts with autonomous meaning derived from EU law? This paper addresses this question and examines what are possible effects of Article 23 in terms of opposability of the concept of EU citizenship to third states as well as in terms of justiciability of the EU citizen’s right to obtain protection from a non national Member State in a third country. The paper concludes that political and legal practice of the EU and of Member States has yet to provide clear answers to these questions.

Mevrouw de Jong Gaat Eten: EU Citizenship and the Culture of Prejudice

KOCHENOV, Dimitry
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
56.61%
This essay discusses the dubious premises of ‘repressive liberalism’ underlying the policies of cultural ‘integration’ that have been adopted by a number of otherwise liberal democracies around the world. The author uses his own first-hand experience of naturalisation in the Kingdom of the Netherlands, the pioneering jurisdiction with regards to the introduction of ‘cultural integration’, in order to expose the counterproductive nature of the ‘integration’ approach to the absorption of non-citizens. The essay claims that there is no such thing as a ‘nation-specific’ culture to be tested and that the creation and consolidation of EU citizenship changed the whole framework of reference within which any Member State nationality operates and should be discussed. The argument is that, particularly in the EU context, culture and language testing before naturalisation is built on false assumptions and does not serve any identifiable goal that would go beyond the perpetuation of prejudice. Since testing stigmatises a large number of Europeans and potentially undermines social cohesion in the Member States, it should be abolished.

The Origins of European Citizenship in the First Two Decades of European Integration

OLSEN, Espen D. H.
Fonte: Routledge Journals, Taylor & Francis Ltd Publicador: Routledge Journals, Taylor & Francis Ltd
Tipo: Artigo de Revista Científica
Português
Relevância na Pesquisa
46.45%
By tracing conceptions of citizenship in the early period of European integration until 1971, this article argues that the Maastricht Treaty was not year zero in the EU citizenship discourse. In contrast to previous research, this article contributes theoretically by studying citizenship as a status of individuals in relation to a political unit, differentiated analytically into membership, identity, rights and participation, and subsequently focuses on the interplay between them. Further, it contributes empirically by highlighting those treaties, judicial decisions, policies and practices that affected the status of individuals. The analysis finds that citizenship elements in early European integration created a frame upon which later conceptions of citizenship developed, including Union citizenship. It must, however, not be overstated as anything resembling a status akin to national citizenship. European citizenship should rather be understood as a status emerging from concrete judicial, legislative and political practices.

The Nature of Union Citizenship between Autonomy and Dependency on (Member) State Citizenship. A Comparative Analysis of the Rottmann Ruling, Or: How to Avoid a European Dred Scott Decision?

MANN, Dennis-Jonathan; PURNHAGEN, Kai Peter
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
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The legal nature of EU citizenship remains a hotly debated issue, in particular its relationship with Member State citizenship/nationality. In this paper, we do not explore EU citizenship as such but rather focus on the withdrawal of EU citizenship. To this end, we comparatively analyze the ECJ’s Rottmann ruling and the US Supreme Court’s infamous Dred Scott decision. The paper begins with a critical analysis of the relevant EU case law and literature. In Rottmann, the ECJ, for the first time, had to deal with an inherent tension between the ‘autonomous’ EU legal order and EU citizenship’s ‘dependency’ on Member State nationality. We show that the ECJ took a rather cautious approach, leaving it mainly to the Member States and their courts to determine the ‘appropriateness’ of EU citizenship withdrawal. While the ECJ’s Rottmann approach has been criticized for being too reluctant, we argue that the ECJ – wittingly or unwittingly – was well advised to take such cautious steps with regard to European citizenship. On the basis of an in-depth analysis of Dred Scott v. Sandford we are able to demonstrate some of the challenges of shaping the boundaries of Union Citizenship. The separate opinions delivered in that decision provide an interesting insight into the possible effects of overemphasizing either the dependency or autonomy element of citizenship in multi-level systems. Seen in that light...

Has the European Court of Justice Challenged Member State Sovereignty in Nationality Law?

Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
36.84%
In March 2010, the Court of Justice of the European Union (CJEU or Court) handed down its judgment in the long awaited case of Rottmann. This paper explores some of the implications of this important judgment through a series of comments placed contemporaneously on the EUDO Citizenship website and a conclusion finally revised by Jo Shaw in November 2011. The judgment clarifies the relationship between EU citizenship and national citizenship, stating that a withdrawal of national citizenship which results in a person ceasing to be an EU citizen altogether ‘by reason of its nature and consequences’ falls within the scope of EU law and is thus subject to review by national courts and the Court of Justice in the light of the requirements of EU law. The conclusion as to whether national authorities have overstepped the mark will be made in the light of a proportionality test. While Rottmann itself represents an interesting jumping off point for further reflection on the EU/national citizenship nexus, its broader interest partly lies in the fact that it sits – with the benefit of some hindsight – at the beginning of a new period of judicial activism on the part of the Court of Justice in relation to the scope and character of EU citizenship. This broader context is surveyed by Shaw in the concluding thoughts.; Setting the scene: the Rottmann case introduced Jo Shaw 1 The entirely conventional supremacy of Union citizenship and rights Gareth T. Davies 5 Two Sovereign States vs. a Human Being: CJEU as a Guardian of Arbitrariness in Citizenship Matters Dimitry Kochenov 11 Some comments on Rottmann and the "personal circumstances" assessment in the Union citizenship case law Michael Dougan 17 The correlation between the status of Union citizenship...

"Euro-Bonds" : The Ruiz Zambrano judgment or the Real Invention of EU Citizenship

AZOULAI, Loic
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
Português
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46.3%
This paper aims to provide a brief analysis of the Ruiz Zambrano judgment (Case C-34/09). Traditionally, the EU citizenship has been mainly construed as a status of integration into the Member States of the Union: a status of transnational integration. The basic claim developed in these pages is that, with Zambrano, the EUCJ moved away from concept of transnational integration to one of genuine European integration, thus fostering a new vision, based on the existence of Euro-bonds.

Should citizenship be for sale?

Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
46.66%
On 12 November 2013 the Maltese Parliament decided to offer Maltese and European citizenship at the price of € 650,000, but implementation of the law has been postponed due to strong domestic and international critiques. On 23 December, the Maltese government announced significant amendments, including a higher total amount of € 1,150,000, part of which has to be invested in real estate and government bonds. Several other European states have adopted ‘golden passport’ programmes. Should citizenship be for sale? In November 2013 EUDO CITIZENSHIP invited Ayelet Shachar of the University of Toronto Law School to open a debate on these controversial policies. Twelve authors have contributed short commentaries, most of which refer to the initial law adopted by the Maltese Parliament. An executive summary by Rainer Bauböck provides an overview over the main questions raised in our forum.; Summary : global, European and national questions about the price of citizenship / Rainer Bauböck. -- Dangerous liaisons : money and citizenship / Ayelet Shachar. -- Cash-for-passports and the end of citizenship / Peter Spiro. -- Citizenship for those who invest into the future of the state is not wrong, the price is the problem / Raul Magni Berton. -- The price of selling citizenship / Chris Armstrong. -- Global mobility corridors for the ultra-rich : the neoliberal transformation of citizenship / Roxana Barbulescu. -- The Maltese Falcon...

The (mis)construction of the European individual : two essays on Union citizenship law

AZOULAI, Loic
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
46.67%
European Union law has developed a concept of Union citizenship based on a right of exit from one’s country and a consequential right of entry in another Member State of the Union. ‘Empowering’ European citizens and enabling them to integrate into other Member States’ territories is its main purpose. If we seek to analyse further the concept of Union citizenship, it is almost inevitable that we inquire into the social background of this construction, the individual skills and resources it entails, the state structures and collective goods it affects. This is the puzzle with which the most acute commentators engage. Looked at this way, Union citizenship is about integration of Union citizens into national communities, financial solidarity with other Member States’ nationals and recognition of their personal identities. Ultimately it is about transnational integration and new forms of social justice within the Member States. There is, however, another way to engage with the concept. The focus on social integration is replaced by a somewhat more ambitious project: to empower the Union citizens to connect with Europe as a whole. This approach assumes that a proper regime of Union citizenship constitutes not only a right to free movement but a right to enjoy a common way of living. It would allow Union citizens to live...

Investment-based citizenship and residence programmes in the EU

DZANKIC, Jelena
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
56.84%
This paper has two objectives. First, by mapping investment-based the legal provisions that may result in the direct acquisition of citizenship or residence rights through a pecuniary contribution in all the 28 European Union (EU) Member States, it clears the grounds for further normative inquiries in this issue. Second, it discusses the iterative relationship between European Union (EU) citizenship and investment-based citizenship programmes, taking into account the intuitive conflict between the values inherent in EU citizenship and the opportunity structures that it creates for countries to commodify their membership by exchanging it for investment. The paper starts by a theoretical examination of membership in national and supranational polities in order to discern the links between national and EU citizenship. This is followed by an empirical classification of the different investor and residence programmes in the 28 Member States of the EU, aimed at comparing how different countries regulate access to membership on grounds of wealth. The conclusion to the paper discusses of the effects of investor citizenship and golden residence programmes in the broader EU context, taking into account the unique characteristics of European citizenship.

Pretending there is no union : non-derivative quasi-citizenship rights of third-country nationals in the EU

KOCHENOV, Dimitry; VAN DEN BRINK, Martijn
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
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The enjoyment of some rights by third-country nationals in the EU is not dependent on the primary beneficiary of rights (be it a person or a company), thereby connecting the third-country nationals with the law of the Union directly, without any proxy Moreover, in essence some of such rights are remarkably similar to the rights that EU citizens enjoy. Such directly enjoyable quasi-EU citizenship rights and their holders – many a category of third country nationals – constitute the key focus of this contribution, which aspires to walk through all the main statuses of third country nationals in the EU enjoying direct – as opposed to derivative – quasi-citizenship rights in the Union. Concluding such overview three significant interrelated problems with the way how third country nationals are treated in the EU are outlined: EU migration regulation assumes the denial of the legal political reality of the Union; 1. EU migration regulation bars rationality from being taken into account when third country 2.nationals’ rights are at stake; EU migration regulation sends a problematic signal that the goals and principles of the Union 3.can be consistently ignored. We argue that such treatment of the legal-political reality of the European integration project is most unhelpful and has to be changed.

EU sexual citizenship : sex beyond the internal market

BELAVUSAU, Uladzislau
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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This paper is forthcoming as a chapter in D. Kochenov (ed.), EU Citizenship and Federalism: The Role of Rights (Cambridge University Press, 2015). The central idea builds on the popular sociological concept of sexual citizenship, assuming its link to the cluster of specific sexual rights. Such sexual rights address multiple identities based on gender, sexual orientation and other broader aspects of sexuality (including, inter alia, consumption of pornography and sex work). The author applies this broad paradigm of sexual citizenship towards federalizing evolution of EU citizenship. The result of such a critical investigation demonstrates that EU citizenship offers not only a novel transnational vision of peoplehood. It equally entails governance of sexual rights as a part and parcel of mobile European project through vertical channels of EU sexual citizenship.

Protecting (unrepresented) EU citizens in third countries : the intertwining roles of the EU and its Member States

MORARU, Madalina Bianca
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: application/pdf; digital
Português
Relevância na Pesquisa
46.76%
This thesis explores the development of European Union’s model of protecting its citizens in the world, demonstrating it to be a unique and complex mixture of EU internal and external policies and instruments that is unlike any other international, regional, or domestic model of protecting individuals abroad. The thesis will critically assess the three main stages of development of the EU model until the present day. The first stage started in 1993, when the Maastricht Treaty introduced an EU citizenship right to equal protection abroad and this continued for the following decade. It will be shown that during this period the EU model of protecting the Union citizens abroad consisted of a purely horizontal form of cooperation among the Member States that materialised in a sui generis type of international agreement that has restricted the efficiency of the EU citizenship right, due to the Member States’ reluctance to lose their State prerogatives in favour of the EU. The second stage of development started in 2004 when a number of international disasters affecting EU citizens in third countries led the Member States to accept cooperation with EU institutions and external policy instruments for the purpose of complementing their capacity to secure the effective protection of unrepresented Union citizens abroad. The third stage started with the entry into force of the Lisbon Treaty...

The Nature of Union Citizenship between Autonomy and Dependency on (Member) State Citizenship. A comparative analysis of the Rottmann Ruling / How to Avoid a European Dred Scott Decision?

MANN, Dennis-Jonathan; PURNHAGEN, Kai Peter
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
Português
Relevância na Pesquisa
36.87%
The legal nature of EU citizenship remains a hotly debated issue, in particular in regards to its relationship with Member State citizenship/nationality. To this end, we comparatively analyze the ECJ's Rottmann v. Freistaat Bayern ruling on the withdrawal of EU citizenship and the US Supreme Court's infamous Dred Scott v. Sandford decision. The paper begins with a critical analysis of the relevant EU case law and literature. In Rottmann, the ECJ, for the first time, had to deal with an inherent tension between the autonomous EU legal order and EU citizenship's dependency on Member State nationality in case of EU citizenship withdrawal. We show that the ECJ took a rather cautious approach, leaving it mainly to the Member States and their courts to determine the "appropriateness" of EU citizenship withdrawal. While the ECJ's Rottmann approach has been criticized for being too cautious, we argue that the ECJ - wittingly or unwittingly - was well advised to take such cautious steps with regard to European citizenship. On the basis of an in-depth analysis of Dred Scott, we are able to demonstrate some of the challenges of shaping the boundaries of Union Citizenship. The separate opinions delivered in that decision provide interesting insight into the possible effects of overemphasizing either the dependency or autonomy element of citizenship in multi-level systems. Seen in that light...

Children and European citizenship : their autonomy and entitlement to care under free movement law

PETROVA, Teodora
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
46.81%
Supervisor: Professor Loïc Azoulai, European University Institute.; Award date: 28 November 2013; The conundrum on the constitution of Union citizenship is progressively coming to the fore with the development of the case law of the European Court of Justice. This thesis delves into the thematic of what the status of EU citizenship and the associated rights to freedom of movement yield for children in the Union. The topic has received little attention and even if discussed, children's issues are frequently tied to the rights of their parents. The dissertation adopts an alternative approach by examining children's independent position in relation to both the status of EU citizenship and the rights to freedom of movement. The method has been inspired by Article 24 of the Charter of the Fundamental Rights of the European Union, which recognizes the need to care as fundamental in the protection of children's well-being. The research demonstrates that the evolution of the influence of the concept of European citizenship and the related freedoms has strengthened children's autonomous status and secured their specific interests. This development is found in three EU law branches, used as prisms for reflection on children's interests. First...

Rounding up the Circle: The Mutation of Member States' Nationalities under Pressure from EU Citizenship

KOCHENOV, Dimitry
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
Relevância na Pesquisa
66.78%
The European integration project has shaped a legal reality where the importance of particular Member State nationalities is dwarfed in relation to that of EU citizenship. Currently the Member States’ nationalities, short of being abolished in the legal sense, mostly serve as access points to the status of EU citizenship, which has also come to influence the rules for the acquisition of the Member State’s nationalities. Six Member States already provide for different naturalisation procedures for the acquisition of nationality for those already in possession of the EU citizenship status. The majority of the assumptions regarding Member State nationalities stand to be profoundly questioned today. EU citizenship is no longer a merely derivative status, leading to the need for re-conceptualisation of its relationship with the nationalities of the Member States, if not opening a new chapter in the process of European integration.

A duty free Europe? : what’s wrong with Kochenov's account of EU citizenship rights

BELLAMY, Richard (Richard Paul)
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
Português
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Article first published online: 2 JUN 2015; This article disputes the recent argument of Dimitry Kochenov advocating an ‘EU Citizenship without Duties’. His thesis rests on an untenable form of philosophical anarchism that overlooks the role played by our political obligations to state structures in securing rights. At best, his argument suggests a ‘thin’ form of EU citizenship that allows European citizens to choose which of the Member States they wish to become morally obliged to. A ‘thicker’ form of EU level citizenship could only arise by creating civic obligations at the EU level, the position he rejects. To the extent certain Court of Justice judgments in this area reflect parallel reasoning to Kochenov's, they too suffer from a similar failure to appreciate the role of civic duties to particular Member States (or, eventually, the EU) in creating and securing the status of citizens as equal rights bearers.

Transnational European citizenship. Tracing conceptions of citizenship in the European integration process

OLSEN, Espen D. H.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: application/pdf
Português
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Defense date: 08/02/2008; Examining Board: Rainer Bauböck (EUI), Richard Bellamy (University College, London), Fritz Kratochwil (EUI) (Supervisor), Antje Wiener (Univ. Bath); This thesis asks what kind of conception(s) of citizenship that have emerged over time within the European integration process. The starting point for this research aim is a critique of the existing literature on European citizenship. Research on European citizenship has tended to fall into a sceptical strand relying on the nation-state model of citizenship (often called the no demos position) or a more visionary strand which interprets the developments of rights on the EU level as a postnational disconnection of citizenship from nationality. These normative strands have tended to translate the question of 'what should it be?' into factual statements on what citizenship in the EU actually is. This thesis has sought to overcome this through a theoretically informed, yet empirically oriented study of how conceptions of European citizenship have developed. Theoretically, the thesis eschews the typical model approach of citizenship studies. It does so by focusing on citizenship as a status of individuals constituted through four analytically distinct, yet potentially inter-related dimensions: membership...

Should EU Citizens Living in other Member States Vote there in National Elections?

CAYALA, Philippe; SETH, Catriona; BAUBÖCK, Rainer
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
Relevância na Pesquisa
56.76%
The core right of EU citizenship is freedom of movement within the territory of the Union. But EU citizens who live in a member state other than their homeland cannot vote in the national elections of that country unless they first acquire its citizenship through naturalisation. In several member states they also lose their right to vote in national elections of their country of origin when they have lived abroad for too long. A group of EU citizens has started a European Citizens' Initiative to propose EU citizens should have the franchise to vote in national elections of their country of residence. This working paper collects all the contributions to a EUDO CITIZENSHIP forum debate on this proposal. While all authors agree that the loss of democratic participation rights due to the exercise of free movement rights is contrary to the spirit of EU citizenship, they disagree to a certain extent on what the right answer to this problem is: should EU citizens vote in their countries of origin, of residence, or be given a choice? Should third country nationals be included in a broader electoral reform? How will it be possible to convince a sufficient number of EU citizens of this initiative, given the disappointing turnout rates in European Parliament elections?

EU Citizenship and Political Identity: The Demos and Telos Problems

Jimenez, Pablo
Fonte: Blackwell Publishing Ltd Publicador: Blackwell Publishing Ltd
Tipo: Artigo de Revista Científica
Português
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Citizenship is the cornerstone of a democratic polity. It has three dimensions: legal, civic and affiliative. Citizens constitute the polity's demos, which often coincides with a nation. European Union (EU) citizenship was introduced to enhance 'European