EU Citizenship at the Edges of Freedom of Movement

Description

This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU’s Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement. Volume 101 in the Series Modern Studies in European Law Acknowledgements Contents Abbreviations Table of Cases 1. Introduction I. EU Citizenship: The Legal Space Between Status and Rights II. Method and Delimitations III. Outline 2. EU Citizenship: Historical Backdrop and Debate I. The Legal Origins of EU Citizenship II. Free Movement of Persons: The Creationist Bone of EU Citizenship III. Freedom of Movement Based Directly on the Status of EU Citizenship IV. Debating the 'Promise' and 'Threat' of Equal Treatment V. The Constitutional Impact of EU Citizenship VI. The 2010s: Has EU Citizenship Reached its Limits in Free Movement Law? VII. Where to Go from Here? 3. The Right to Move and Reside Freely: Article 21(1) TFEU and Directive 2004/38 I. Directive 2004/38: The Right to Integrate as a Union Citizen II. Exit from a Home Member State and Entry into a Host Member State III. A Right to Reside Beyond Three Months in a Host Member State IV. Retaining a Right to Reside and Obtaining Permanent Residence V. The Right of Permanent Residence Status VI. Withdrawing Residence Rights on Public Interest Grounds VII. Conclusion 4. Residence and Family Reunification Rights I. The Right to Return as a Family to the Union Citizen's Home Member State II. Retained Residence Rights of Family Members III. The Right to Reside Within the EU: Article 20 TFEU IV. Conclusion 5. The Right to Equal Treatment I. The Right to Equal Treatment and EU Citizenship II. Demanding Genuine Use of Freedom of Movement III. Establishing the Edges to Equal Treatment IV. Article 7 of Directive 2004/38 as the Sole Test of Integration V. The Legal Space between Directive 2004/38 and Article 18 TFEU VI. Conclusion 6. EU Citizenship and Political Free Movement Rights I. Political EU Citizenship Rights as Free Movement Rights II. Extending the Jurisdictional Scope of Political EU Citizenship Rights III. A Fundamental EU Citizenship Right to Vote in Elections to the European Parliament IV. National Disenfranchisement and Non-Enfranchisement as a Result of Exercising Free Movement V. Conclusion 7. EU Citizenship and the Charter I. The Place of Human Rights in Union Law II. The Charter and EU Citizenship Rights III. The Charter and Article 21 TFEU IV. The Charter and Directive 2004/38: An Unsettled Relationship V. The Charter and the Right to Equal Treatment VI. The Charter and Article 20 TFEU VII. Conclusion 8. Conclusion I. The Legal Edges of Personal Free Movement Rights II. EU Citizenship: The Legal Space Between Status and Rights III. Perspectives for Future Developments Bibliography Index