EU citizenship law / Niamh Nic Shuibhne.

Format:

Book

Author/Creator:

Nic Shuibhne, Niamh, author.

Series:

Oxford EU law library.

Oxford scholarship online.

Oxford EU law library

Oxford scholarship online

Language:

English

Subjects (All):

Citizenship--European Union countries.

Citizenship.

European Union.

Physical Description:

1 online resource (641 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2023.

Summary:

'EU Citizenship Law' analyses the legal framework and legal development of EU Citizenship and its relationship to other rights protected by EU law. By examining the complex legal status of Union citizenship, this book reflects on the wider economic, political, social, and emotional contexts that both complicate and inform EU membership.

Contents:

Cover

Series

EU Citizenship Law

Copyright

Contents

Table of Cases

EU Legislation

1. Introducing EU Citizenship Law

1. Chapter Overview

2. Defining EU Citizenship Law: The Legal Framework

3. Distinguishing EU Citizenship Law: Personal and Material Scope

3.1 Personal Scope: Who is a Union Citizen?

3.2 Material Scope: 'Specific Expression' of Rights

4. Progressing EU Citizenship Law: The Principal Actors

4.1 Implementing EU Citizenship Law: The Role of the EU Legislator

4.2 Interpreting EU Citizenship Law: The Role of the Court of Justice

5. Organising EU Citizenship Law: Overview of Chapters

2. Union Citizenship: Introducing the Legal Framework

2. Origins of a Legal Framework: From EU Free Movement Law to EU Citizenship Law

2.1 Predating EU Citizenship Law: Economic Free Movement Rights

2.2 Presaging EU Citizenship Law: General Free Movement Rights

3. Legal Framework I: Articles 20 and 21 TFEU

3.1 Article 20 TFEU

3.2 Article 21 TFEU

3.3 Restricting the Right to Move and Reside: Derogation and Justification

3.3.1 Defining a restriction of rights

3.3.2 Defending a restriction of rights: derogation and justification

3.4 Restricting the Right to Move and Reside: Proportionality

3.4.1 Conditions 'too general and exclusive'

3.4.2 Proportionality and the protection of national public finances

3.4.3 Evidencing proportionality

3.5 Asymmetric Movement

4. Legal Framework II: Directive 2004/​38

4.1 Aims and Objectives of the Directive

4.2 The Scope of the Directive

4.3 Balancing Rights with Conditions and Limits

5. Legal Framework III: Significant Themes in EU Citizenship Law

5.1 Establishing a Connection with EU Law

5.1.1 Causal connection between rights exercised and impact of restrictions.

5.1.2 Connecting factors and internal situations

5.2 Ensuring the Effectiveness of Union Citizenship Rights

5.3 Union Citizenship and the EU Charter of Fundamental Rights

5.3.1 Citizenship rights as fundamental rights

5.3.2 Union citizenship and fundamental rights

5.4 The Dual Function of Integration Requirements

5.5 Union Citizenship and Matters Reserved to Member State Competence

6. The Territory of the Union: Integrating Law, Place, and Values

7. Concluding Remarks

Further Reading

3. Who is Protected? Part I: Union Citizenship and Member State Nationality

2. Determining Member State Nationality: The Role of EU Law

2.1 EU Law and Member State Decisions to Withdraw Nationality: Rottmann

2.2 Applying Rottmann

2.2.1 Member State decisions withdrawing nationality

2.2.2 Acquiring Member State nationality

2.2.3 After nationality: citizenship and withdrawal from the European Union

3. The Legal Implications of Dual Nationality

4. Concluding Remarks

4. Who is Protected? Part II: Defining the Family Members of Union Citizens

2. Protecting Family Members in EU Citizenship Law: Guiding Principles

3. Scope of Protection and Key Definitions

3.1 Directive 2004/​38: Scope of Application

3.2 Family Members: Who is Protected and to What Extent?

3.2.1 Article 2(2)(a): spouses

3.2.1.1 Same-​sex spouses

3.2.1.2 What does 'in the host State' mean?

3.2.1.3 The status of third-​country national family members under host State immigration rules

3.2.2 Partners other than spouses

3.2.2.1 Article 2(2)(b): registered partners

3.2.2.2 Article 3(2)(b): unmarried partners

3.2.3 Article 2(2)(c): 'direct descendants who are under the age of 21'

4. Dependent Relatives.

4.1 Article 2(2): Direct Relatives in the Descending and Ascending Lines

4.2 Article 3(2)(a): 'Other Family Members'

5. Concluding Remarks

5. Union Citizenship and the Home Member State

2. Rights Facilitating a Political Connection to the Union

2.1 Voting Rights from the Home Member State Perspective

2.1.1 Defining the national electorate

2.1.2 Voting rights (and the right to vote) in the context of imprisonment

2.1.3 Voting rights in the context of free movement

2.2 Mechanisms Facilitating Participation

2.2.1 The European Citizens' Initiative

2.2.1.1 ECI procedures and conditions

2.2.1.2 An emerging jurisprudence

2.2.2 Petitioning the European Parliament

2.2.3 Applying to the European Ombudsman

2.3 Surrogate Home States: Diplomatic and Consular Protection in Third Countries

3. Residence Rights for Family Members in the Union Citizen's Home State: Article 20 TEU

3.1 The Game-​Changer: Ruiz Zambrano

3.2 First Responses: Explaining-​and Containing-​Ruiz Zambrano

3.2.1 The nature of Ruiz Zambrano rights

3.2.2 Being 'obliged' to leave the territory of the Union

3.2.3 Beneficiaries of Ruiz Zambrano rights: the requirement of dependency

3.2.4 The Charter of Fundamental Rights

3.3 Progressing Residence Rights Based on Article 20 TFEU

3.3.1 Refining the assessment of eligibility for Article 20 TFEU residence rights

3.3.2 Embedding the Charter of Fundamental Rights

3.3.2.1 From Dereci to Chavez-​Vilchez

3.3.2.2 And beyond?

3.3.3 The limits of residence rights based on Article 20 TFEU

6. Union Citizenship and the Host State Part I: Rights to Enter, Reside, and Remain-​Directive 2004/​38

2. Articles 4 and 5: Rights of Exit and Entry.

3. Article 6: The Right to Reside for up to Three Months

4. The Right to Reside for More than Three Months

4.1 Article 7(1)(a): Workers and Self-​Employed Persons

4.2 Article 7(1)(b): General Right to Reside

4.2.1 'Sufficient resources'

4.2.2 'Comprehensive sickness insurance'

4.3 Article 7(1)(c): Students

4.4 Jobseekers

5. Administrative Formalities

5.1 Article 8: Union Citizens

5.1.1 Registration requirements: Union citizens

5.1.2 Registration requirements: Union citizens who are family members

5.1.3 Article 8(4): 'sufficient resources'

5.2 Articles 5-​6 and 9-​11: Family Members who are not Union Citizens

5.2.1 Right of entry

5.2.2 Right of residence

6. Retaining the Right to Reside

6.1 Article 14: Retaining the Right to Reside

6.2 Article 7(3): Retaining the Status of Worker or Self-​Employed Person

6.3 Articles 12 and 13: Family Members

6.3.1 Article 12: death or departure of the Union citizen

6.3.2 Article 13: divorce, annulment of marriage, or termination of registered partnership

6.3.3 Interpreting Articles 12 and 13

7. Directive 2004/​38 and Abuse of Rights

7.1 Locating Article 35: Abuse of Rights and EU Free Movement Law

7.2 Clarifying Article 35: Commission Guidance

7.3 Interpreting Article 35: McCarthy II

8. Concluding Remarks

7. Union Citizenship and the Host State Part II: Equal Treatment and the Concept of Lawful Residence

2. Foundations: The Concept of Lawful Residence and Its Relationship to Equal Treatment in EU Citizenship Law

2.1 Before Directive 2004/​38: Lawful Residence, Equal Treatment, and the Case Law of the Court of Justice

2.1.1 Union citizenship, equal treatment, and lawful residence: case law foundations

2.1.2 Union citizenship, equal treatment, and lawful residence: jobseekers.

2.2 Directive 2004/​38, Equal Treatment, and the Host State: Article 24

2.2.1 Article 24: drafting history

2.2.2 Article 24(2): express derogations from equal treatment

2.2.3 Article 24(1): an implicit derogation from equal treatment?

3. Union Citizenship, Lawful Residence, Equal Treatment, and Directive 2004/​38: The Revised Framework

3.1 No Right to Reside: Dano, Alimanovic, and Commission v UK

3.1.1 Directive 2004/38 and lawful residence: early case law

3.1.2 Dano

3.1.3 Alimanovic

3.1.4 Commission v UK

3.2 Residing on the Basis of Directive 2004/​38

3.2.1 Article 6: lawful residence within the first three months

3.2.2 Article 7(1)(a): lawful residence and the economically active

3.2.3 Article 7(1)(b): lawful residence and the economically autonomous

3.2.4 Article 7(1)(c): students

3.2.5 Articles 7(1)(d), 12, and 13: family members

3.2.6 Article 14(4)(b): jobseekers

3.3 Residence Based on (Other) EU Legislation: Article 10 of Regulation 492/​2011

3.4 Residence Based on EU Primary Law

3.4.1 Articles 45 and 49 TFEU

3.4.2 Article 21 TFEU

3.5 Residence Based on or Authorised by National Law

4. Lawful Residence and Equal Treatment: Implications

4.1 The Consequences of Unlawful and/ or Unsupported Residence in a Host State

4.2 The Charter of Fundamental Rights

8. Union Citizenship and the Host State Part III: The Right of Permanent Residence

2. Conceiving a Right of Permanent Residence: Directive 2004/​38

3. Permanent Residence: The Legal Framework

3.1 Who is Eligible and in What Circumstances?

3.1.1 Family members

3.1.2 Absence from the host State

3.1.3 Exemptions from Article 16

3.2 The Requirements of Legal and Continuous Residence

3.2.1 Continuous residence

3.2.2 Legal residence.

3.3 Administrative Formalities.

Notes:

Also issued in print: 2023.

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on September 26, 2023).

ISBN:

9780192514554

0192514555

9780191990939

0191990930

9780192514547

0192514547

OCLC:

1399536755