Equal Citizenship and Its Limits in EU Law: We The Burden?

Description

The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden is a critical study of the scope of EU citizenship as an ‘equal status’ of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens’ fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as ‘related’ for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens’ agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of ‘meaningful relationships’ for the purposes of equal treatment arises from recognising and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome within the existing constitutional order of the EU. Volume 61 in the Series Modern Studies in European Law Acknowledgements Contents Table of Cases Introduction Outline of the Book Part I EU Citizenship and the Equality Problem 1. The Evolution of Equality in EU Law: From Nationality Discrimination Towards Equal Citizenship 1.1 Introduction 1.2 The Multiple Face of Equal Treatment Irrespective of Nationality in Regard to Private Individuals 1.3 Beyond Nationality Discrimination: The Emergence of a New Equality Problem 1.4 The Quest for Equal Citizenship in EU Law:
Something Different? 1.5 Conclusion 2. Equal Treatment: A (Limited) Right of All EU Citizens 2.1 Introduction 2.2 The Scope of the Right: Comparability between EU Citizens 2.3 The Limitations on the Right: Relevant Differences
between EU Citizens 2.4 Conclusion 3. EU Citizens' Responsibility to be Active and its Alternatives 3.1 Introduction 3.2 Equal Citizenship as a Problem of Belonging 3.3 Proving Belonging or 'How Economic and
Social Activity Trump EU Citizenship' 3.4 What is Wrong with the Activity-Based
Account of Equality in EU Law? 3.5 From Assimilation to Agency: Two Possible
Solutions to the EU Equality Problem 3.6 Conclusion Part II: EU Citizenship as a Source of Subjectivity 4. (Re)constructing EU Citizenship as a Source of Subjectivity 4.1 Introduction 4.2 Subjectivity in and through Relationships:
A Feminist Approach to EU Citizenship 4.3 Subjectivity as a Process: A Psycho-Dynamic Approach to EU Citizenship 4.4 Subjectivity and the Second-Person Perspective:
A Phenomenological Approach to EU Citizenship 4.5 Transnational Subjectivity as a Dyadic Process of Becoming between the Self and the Other 4.6 Conclusion 5. EU Citizens as Equal Subjects of European Integration: Practice and Theory 5.1 Introduction 5.2 A Constitutional Constructive Perspective
on EU Citizenship 5.3 EU Citizens' Subjectivity as a Matter of Law 5.4 EU Citizens' Subjectivity as a Matter of Integration Theory 5.5 Conclusion Conclusions Bibliography Index