Carl-Ulrik Schierup
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780198280521
- eISBN:
- 9780191603730
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280521.003.0010
- Subject:
- Political Science, European Union
This concluding chapter reviews the overall predicaments of the European dilemma as the EU faces the dual challenge of national-ethnic diversity and social crisis. It focuses on the issues of ...
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This concluding chapter reviews the overall predicaments of the European dilemma as the EU faces the dual challenge of national-ethnic diversity and social crisis. It focuses on the issues of European moral-political identity and the future of a multinational-multi-ethnic democracy. It asks which moral-political values and institutional strategies may actually guide the future integration of one of the world’s most powerful economic and political blocs. The discussion reconnects with the overall issue of the dual crisis of the welfare state and the nation, contending that the dual crisis needs to be restated as also encompassing a crisis for the EU-European supra-nation. With the character of currently dominant EU policies and the emergent ‘post-national workfare regime’ of the Union in mind, the authors elaborate on the potential capacity of the European supra-nation to offer a viable and democratic alternative. They question today’s strong tendency to seek solutions to an apparent crisis of neo-liberal strategies in stringent immigration and asylum measures, and retrograde policies of ethno-cultural entrenchment. This serves to highlight the crucial question as to which moral-political ‘creed’ will actually prevail in the 21st century.Less
This concluding chapter reviews the overall predicaments of the European dilemma as the EU faces the dual challenge of national-ethnic diversity and social crisis. It focuses on the issues of European moral-political identity and the future of a multinational-multi-ethnic democracy. It asks which moral-political values and institutional strategies may actually guide the future integration of one of the world’s most powerful economic and political blocs. The discussion reconnects with the overall issue of the dual crisis of the welfare state and the nation, contending that the dual crisis needs to be restated as also encompassing a crisis for the EU-European supra-nation. With the character of currently dominant EU policies and the emergent ‘post-national workfare regime’ of the Union in mind, the authors elaborate on the potential capacity of the European supra-nation to offer a viable and democratic alternative. They question today’s strong tendency to seek solutions to an apparent crisis of neo-liberal strategies in stringent immigration and asylum measures, and retrograde policies of ethno-cultural entrenchment. This serves to highlight the crucial question as to which moral-political ‘creed’ will actually prevail in the 21st century.
Nils Ringe
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199572557
- eISBN:
- 9780191722431
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572557.003.0005
- Subject:
- Political Science, Comparative Politics, European Union
Chapter 5 examines the role of focal points as mechanisms of information provision by analyzing a series of legislative proposals as case studies. It draws on interviews with EU officials and the ...
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Chapter 5 examines the role of focal points as mechanisms of information provision by analyzing a series of legislative proposals as case studies. It draws on interviews with EU officials and the statistical analysis of individual final votes on the EP floor. This chapter illustrates how focal points shape EP policy-making processes and outcomes. While Chapter 3 demonstrates that the policy positions of expert legislators determine the positions of their nonexpert colleagues on the EP floor, Chapter 5 shows how this process takes place for invested nonexpert legislators. The legislative proposals analyzed concern EU takeover legislation, the statute and financing of EU-level political parties, proposals on fuel quality and motor vehicle emissions, liability for environmental damage, the liberalization of port services in the EU, and EU citizenship and the free movement of people.Less
Chapter 5 examines the role of focal points as mechanisms of information provision by analyzing a series of legislative proposals as case studies. It draws on interviews with EU officials and the statistical analysis of individual final votes on the EP floor. This chapter illustrates how focal points shape EP policy-making processes and outcomes. While Chapter 3 demonstrates that the policy positions of expert legislators determine the positions of their nonexpert colleagues on the EP floor, Chapter 5 shows how this process takes place for invested nonexpert legislators. The legislative proposals analyzed concern EU takeover legislation, the statute and financing of EU-level political parties, proposals on fuel quality and motor vehicle emissions, liability for environmental damage, the liberalization of port services in the EU, and EU citizenship and the free movement of people.
Maurizio Ferrara
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199284665
- eISBN:
- 9780191603273
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199284660.003.0007
- Subject:
- Political Science, Political Economy
This chapter presents a map describing the new spatial architecture of social protection in the European Union resulting from free movement and competition rules, and their effects on traditional ...
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This chapter presents a map describing the new spatial architecture of social protection in the European Union resulting from free movement and competition rules, and their effects on traditional welfare state boundaries. The destructuring consequences of the new boundary configuration are discussed, with specific reference to pensions systems and the issue of migration. The chapter concludes by highlighting the margins of manoeuvre for a possible “nesting” of nation-based forms of social protection in a wider EU space, capable of promoting adaptation and reform, while upholding at the same time the basic pre-conditions for maintaining adequate levels of social protection.Less
This chapter presents a map describing the new spatial architecture of social protection in the European Union resulting from free movement and competition rules, and their effects on traditional welfare state boundaries. The destructuring consequences of the new boundary configuration are discussed, with specific reference to pensions systems and the issue of migration. The chapter concludes by highlighting the margins of manoeuvre for a possible “nesting” of nation-based forms of social protection in a wider EU space, capable of promoting adaptation and reform, while upholding at the same time the basic pre-conditions for maintaining adequate levels of social protection.
David Sanders, Paolo Bellucci, and Gábor Tóka
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199602346
- eISBN:
- 9780191739163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199602346.003.0009
- Subject:
- Political Science, European Union, Comparative Politics
This chapter explicitly models reciprocal causal effects, providing a comprehensive and integrated account of EU citizenship attitudes on EU support. While preceding explanatory chapters are all ...
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This chapter explicitly models reciprocal causal effects, providing a comprehensive and integrated account of EU citizenship attitudes on EU support. While preceding explanatory chapters are all based on single-equation models, here a system of equations is estimated in which instrumental variables are employed to sharpen the understanding of the potentially reciprocal causal effects between citizenship and support. The results show that: i) among the three dimensions of EU citizenship, they key driver is people’s sense of representation; ii) once the ‘endogenous’ links between identity, representation and scope are carefully controlled for, all four of the theoretical perspectives whose impacts have been tested throughout the book appear relevant, although the stronger influences are associated with instrumental rationality and the use of heuristics; iii) although some inter-correlation exists between citizenship and support, estimates controlling for such endogeneity show that support for the EU is dependent on people’s sense of EU citizenship.Less
This chapter explicitly models reciprocal causal effects, providing a comprehensive and integrated account of EU citizenship attitudes on EU support. While preceding explanatory chapters are all based on single-equation models, here a system of equations is estimated in which instrumental variables are employed to sharpen the understanding of the potentially reciprocal causal effects between citizenship and support. The results show that: i) among the three dimensions of EU citizenship, they key driver is people’s sense of representation; ii) once the ‘endogenous’ links between identity, representation and scope are carefully controlled for, all four of the theoretical perspectives whose impacts have been tested throughout the book appear relevant, although the stronger influences are associated with instrumental rationality and the use of heuristics; iii) although some inter-correlation exists between citizenship and support, estimates controlling for such endogeneity show that support for the EU is dependent on people’s sense of EU citizenship.
David Sanders, Paolo Bellucci, Gábor Tóka, and Mariano Torcal (eds)
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199602346
- eISBN:
- 9780191739163
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199602346.001.0001
- Subject:
- Political Science, European Union, Comparative Politics
The central concern of this book is to know and describe how far EU ‘legal’ citizens feel that they are actually part of a functioning European political system and how much they think of themselves ...
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The central concern of this book is to know and describe how far EU ‘legal’ citizens feel that they are actually part of a functioning European political system and how much they think of themselves as EU citizens. The chapters report evidence of the levels of European identity, sense of EU representation and preferences for EU policy scope among European mass publics, which are the main dimensions of EU citizenship. The analysis uses a new comparative dataset on EU attitudes derived from a survey in sixteen EU countries plus Serbia in 2007. This study shows that, despite initial expectations, levels of European identity, sense of EU representation, and preferences for EU policy scope among European mass publics did not display a strong trend in any particular direction during the period between 1975 and 2007. However, there are interesting variations in these measures of EU citizenship both across individuals and across countries that are described and explained by reference to a series of relevant hypotheses. The book pays particular attention to the inter-linkages among the three dimensions of citizenship itself. EU identity, representation and scope are all reciprocally related, but the representation dimension is key to the development of a generalised sense of a sense of citizenship at the EU level. This in turn places a significant premium on the need to address popular doubts about the EU's ‘democratic deficit’.Less
The central concern of this book is to know and describe how far EU ‘legal’ citizens feel that they are actually part of a functioning European political system and how much they think of themselves as EU citizens. The chapters report evidence of the levels of European identity, sense of EU representation and preferences for EU policy scope among European mass publics, which are the main dimensions of EU citizenship. The analysis uses a new comparative dataset on EU attitudes derived from a survey in sixteen EU countries plus Serbia in 2007. This study shows that, despite initial expectations, levels of European identity, sense of EU representation, and preferences for EU policy scope among European mass publics did not display a strong trend in any particular direction during the period between 1975 and 2007. However, there are interesting variations in these measures of EU citizenship both across individuals and across countries that are described and explained by reference to a series of relevant hypotheses. The book pays particular attention to the inter-linkages among the three dimensions of citizenship itself. EU identity, representation and scope are all reciprocally related, but the representation dimension is key to the development of a generalised sense of a sense of citizenship at the EU level. This in turn places a significant premium on the need to address popular doubts about the EU's ‘democratic deficit’.
Dimitry Kochenov
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199695706
- eISBN:
- 9780191741302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199695706.003.0013
- Subject:
- Law, EU Law
This chapter looks at the profound influence of EU citizenship and the Internal Market on the legal regulation of the areas where EU Member States retain full competence, using Member State ...
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This chapter looks at the profound influence of EU citizenship and the Internal Market on the legal regulation of the areas where EU Member States retain full competence, using Member State nationalities as a case-study. In the context of a constant rise in the importance of the EU, and unavoidable growth in economic interdependence in Europe, the array of fields of law which come to be subjected to the indirect influence of the Internal Market is only likely to grow, presenting the division of competences between the Member States and the Union in a somewhat different light compared with what can be read in the Treaties. In a way, as long as the importance of European integration is growing it becomes much less important whether the Union actually has competence in regulating a certain area, since the national regulation by the Member States will necessarily take the changing reality into account, adapting national law to the Internal Market.Less
This chapter looks at the profound influence of EU citizenship and the Internal Market on the legal regulation of the areas where EU Member States retain full competence, using Member State nationalities as a case-study. In the context of a constant rise in the importance of the EU, and unavoidable growth in economic interdependence in Europe, the array of fields of law which come to be subjected to the indirect influence of the Internal Market is only likely to grow, presenting the division of competences between the Member States and the Union in a somewhat different light compared with what can be read in the Treaties. In a way, as long as the importance of European integration is growing it becomes much less important whether the Union actually has competence in regulating a certain area, since the national regulation by the Member States will necessarily take the changing reality into account, adapting national law to the Internal Market.
David Sanders, Paolo Bellucci, Gábor Tóka, and Mariano Torcal
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199602346
- eISBN:
- 9780191739163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199602346.003.0010
- Subject:
- Political Science, European Union, Comparative Politics
This concluding chapter provides a summary review of the main themes and empirical findings developed in the book. It shows that the processes affecting perceptions of EU citizenship and engagement ...
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This concluding chapter provides a summary review of the main themes and empirical findings developed in the book. It shows that the processes affecting perceptions of EU citizenship and engagement appear to operate in a broadly similar fashion cross-nationally. Obviously, levels of citizenship and engagement vary across countries and contexts. Nonetheless, the empirical analysis shows that EU mass publics tend to think about the EU in remarkably similar ways. The sense of EU citizenship among mass publics may not yet have ‘caught up’ with the formal legal citizenship that all EU citizens enjoy. This said, there is a real, measurable emerging sense of European citizenship, which complements rather than contradicts feelings of national citizenship among mass publics in all member states, and which counterbalances a developing Euroscepticism in some EU countries. This structure appears relatively stable, even during the severe global economic crisis which affected European nations after 2007Less
This concluding chapter provides a summary review of the main themes and empirical findings developed in the book. It shows that the processes affecting perceptions of EU citizenship and engagement appear to operate in a broadly similar fashion cross-nationally. Obviously, levels of citizenship and engagement vary across countries and contexts. Nonetheless, the empirical analysis shows that EU mass publics tend to think about the EU in remarkably similar ways. The sense of EU citizenship among mass publics may not yet have ‘caught up’ with the formal legal citizenship that all EU citizens enjoy. This said, there is a real, measurable emerging sense of European citizenship, which complements rather than contradicts feelings of national citizenship among mass publics in all member states, and which counterbalances a developing Euroscepticism in some EU countries. This structure appears relatively stable, even during the severe global economic crisis which affected European nations after 2007
Lynn Dobson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780719069529
- eISBN:
- 9781781702154
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719069529.003.0004
- Subject:
- Political Science, European Union
This chapter gives an analytic account of the legal development of EU citizenship from the 1970s onwards and its formal incorporation as a status, with attached ‘citizens’ rights’, in the Maastricht ...
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This chapter gives an analytic account of the legal development of EU citizenship from the 1970s onwards and its formal incorporation as a status, with attached ‘citizens’ rights’, in the Maastricht Treaty (TEU, 1992), and provides a selective critical review of the theoretical debates its codification provoked. The principal problem is to provide a coherent account of citizenship in which EU identity can co-exist alongside, rather than supplanting, national identity, and in which EU citizens can own their common political output while maintaining the conditions of pluralism and diversity. The book's approach to these debates in relation to those of other commentators including Bellamy and Castiglione, Habermas, Kostakopolou, Shaw, and Wiener is outlined. The chapter indicates we need to move the idea of citizenship away from both belonging and privilege and toward the political capacity to define and reformulate the capacity of lives lived, in a community of agents: citizenship is about political organisation rather than social organisation, about agency rather than identity or club goods. Given that, the important issues for the EU are whether its institutional arrangements support citizenship as political agency, and whether underlying social contexts can support the exercise of such a citizenship.Less
This chapter gives an analytic account of the legal development of EU citizenship from the 1970s onwards and its formal incorporation as a status, with attached ‘citizens’ rights’, in the Maastricht Treaty (TEU, 1992), and provides a selective critical review of the theoretical debates its codification provoked. The principal problem is to provide a coherent account of citizenship in which EU identity can co-exist alongside, rather than supplanting, national identity, and in which EU citizens can own their common political output while maintaining the conditions of pluralism and diversity. The book's approach to these debates in relation to those of other commentators including Bellamy and Castiglione, Habermas, Kostakopolou, Shaw, and Wiener is outlined. The chapter indicates we need to move the idea of citizenship away from both belonging and privilege and toward the political capacity to define and reformulate the capacity of lives lived, in a community of agents: citizenship is about political organisation rather than social organisation, about agency rather than identity or club goods. Given that, the important issues for the EU are whether its institutional arrangements support citizenship as political agency, and whether underlying social contexts can support the exercise of such a citizenship.
Giovanni Comandé
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780198712107
- eISBN:
- 9780191780257
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198712107.003.0003
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter discusses the role of EU citizenship in redefining the scope of fundamental rights by aggregating new bundles of rights. It argues that EU citizenship takes form through case law as the ...
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This chapter discusses the role of EU citizenship in redefining the scope of fundamental rights by aggregating new bundles of rights. It argues that EU citizenship takes form through case law as the fifth economic freedom, redefining EU citizens’ rights within the private sphere. The interplay between national and European private law with this unorthodox notion of citizenship extends beyond the creation of a novel form of supra/transnational state and legal rules. The chapter claims that EU citizenship coupled with cases on private law and regulation nurture a new dimension of civic aggregation and political engagement from the bottom up. It develops a decentralized mode of constructing civic networks and civic identity silently forging an EU identity by gathering and depicting values slowly forged by the intertwining legal systems of EU member states.Less
This chapter discusses the role of EU citizenship in redefining the scope of fundamental rights by aggregating new bundles of rights. It argues that EU citizenship takes form through case law as the fifth economic freedom, redefining EU citizens’ rights within the private sphere. The interplay between national and European private law with this unorthodox notion of citizenship extends beyond the creation of a novel form of supra/transnational state and legal rules. The chapter claims that EU citizenship coupled with cases on private law and regulation nurture a new dimension of civic aggregation and political engagement from the bottom up. It develops a decentralized mode of constructing civic networks and civic identity silently forging an EU identity by gathering and depicting values slowly forged by the intertwining legal systems of EU member states.
Michael Lister
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748633418
- eISBN:
- 9780748671977
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748633418.003.0008
- Subject:
- Political Science, Political Theory
In this chapter we will reflect on how the ongoing process of European integration affects citizenship. There are at least two ways we can think about this. The first is to assess the effects that ...
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In this chapter we will reflect on how the ongoing process of European integration affects citizenship. There are at least two ways we can think about this. The first is to assess the effects that European Integration has upon citizenship at the state level. In some ways, we have thought about this as we analysed changes to migration, the welfare state, and political participation. A second way we can think about it is by reflecting on a burgeoning European, post-national citizenship. Formally, citizens of the individual EU member states are also citizens of the European Union. This chapter examines what form EU citizenship takes, and how this interacts with existing (and for the EU treaties, dominant) national citizenship. For classical conceptions of citizenship, this relationship is much more problematic than for postnational, cosmopolitan theories.Less
In this chapter we will reflect on how the ongoing process of European integration affects citizenship. There are at least two ways we can think about this. The first is to assess the effects that European Integration has upon citizenship at the state level. In some ways, we have thought about this as we analysed changes to migration, the welfare state, and political participation. A second way we can think about it is by reflecting on a burgeoning European, post-national citizenship. Formally, citizens of the individual EU member states are also citizens of the European Union. This chapter examines what form EU citizenship takes, and how this interacts with existing (and for the EU treaties, dominant) national citizenship. For classical conceptions of citizenship, this relationship is much more problematic than for postnational, cosmopolitan theories.
Michael Lister and Emily Pia
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748633418
- eISBN:
- 9780748671977
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748633418.001.0001
- Subject:
- Political Science, Political Theory
This book seeks to analyse the impact of globalisation, European integration, mass migration, changing patterns of political participation and welfare state provision upon citizenship in Europe. ...
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This book seeks to analyse the impact of globalisation, European integration, mass migration, changing patterns of political participation and welfare state provision upon citizenship in Europe. Uniting theory with empirical examples, the central theme of the book is that how we view such changes is dependent upon how we view citizenship theoretically. The authors analyse the three main theoretical approaches to citizenship: [1] classical positions (liberal, communitarian, and republican), primarily concerned with questions of rights and responsibilities; [2] multiculturalist and feminist theories, concerned with the question of difference; and [3] postnational or cosmopolitan theories which emphasise how citizen rights and behaviours are increasingly located beyond the nation state. Using these theoretical perspectives, the second section of the book assesses four key social, economic and political developments which pose challenges for citizenship in Europe: migration, political participation, the welfare state and European integration. These, it is argued, represent the most significant challenges to and for citizenship in contemporary Europe.Less
This book seeks to analyse the impact of globalisation, European integration, mass migration, changing patterns of political participation and welfare state provision upon citizenship in Europe. Uniting theory with empirical examples, the central theme of the book is that how we view such changes is dependent upon how we view citizenship theoretically. The authors analyse the three main theoretical approaches to citizenship: [1] classical positions (liberal, communitarian, and republican), primarily concerned with questions of rights and responsibilities; [2] multiculturalist and feminist theories, concerned with the question of difference; and [3] postnational or cosmopolitan theories which emphasise how citizen rights and behaviours are increasingly located beyond the nation state. Using these theoretical perspectives, the second section of the book assesses four key social, economic and political developments which pose challenges for citizenship in Europe: migration, political participation, the welfare state and European integration. These, it is argued, represent the most significant challenges to and for citizenship in contemporary Europe.
Stephen Weatherill
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199557264
- eISBN:
- 9780191828768
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557264.003.0007
- Subject:
- Law, EU Law
This chapter illustrates that each national of a Member State shall be a Citizen of the Union (Articles 9 TEU and 20(1) TFEU). Citizenship of a modern European State comes with a range of ...
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This chapter illustrates that each national of a Member State shall be a Citizen of the Union (Articles 9 TEU and 20(1) TFEU). Citizenship of a modern European State comes with a range of well-recognized rights and duties. All States have different detailed frameworks, but the idea of the individual citizen’s intimate connection with, and expected allegiance to, his or her State is missing at the EU level. Articles 9 TEU and 20(1) TFEU also provide that Union citizenship ‘shall be additional to and not replace national citizenship’. It is but a supplement; though on a more positive note, EU citizenship strengthens State citizenship with a set of entitlements and protection that extend beyond that which can be provided at the national level. The chapter aims to provide an understanding of the scope of protection granted by EU law, as well as its relationship with national law.Less
This chapter illustrates that each national of a Member State shall be a Citizen of the Union (Articles 9 TEU and 20(1) TFEU). Citizenship of a modern European State comes with a range of well-recognized rights and duties. All States have different detailed frameworks, but the idea of the individual citizen’s intimate connection with, and expected allegiance to, his or her State is missing at the EU level. Articles 9 TEU and 20(1) TFEU also provide that Union citizenship ‘shall be additional to and not replace national citizenship’. It is but a supplement; though on a more positive note, EU citizenship strengthens State citizenship with a set of entitlements and protection that extend beyond that which can be provided at the national level. The chapter aims to provide an understanding of the scope of protection granted by EU law, as well as its relationship with national law.
Margriet Kraamwinkel
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199271818
- eISBN:
- 9780191699542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271818.003.0017
- Subject:
- Law, Employment Law
This chapter addresses a different challenge facing the EU: how citizenship is and should be defined in a ‘community’ which is primarily a market and in which non-market ties (political, cultural, ...
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This chapter addresses a different challenge facing the EU: how citizenship is and should be defined in a ‘community’ which is primarily a market and in which non-market ties (political, cultural, social, national) are relatively less articulated. It argues that, notwithstanding broad phrases in the Treaty, access to ‘EU citizenship’ is in practice conditioned upon performance of paid work (housewives need not apply). Nevertheless, it contends that progressive possibilities remain in a ‘notion of a citizen imagined not only as a man but also as a woman’.Less
This chapter addresses a different challenge facing the EU: how citizenship is and should be defined in a ‘community’ which is primarily a market and in which non-market ties (political, cultural, social, national) are relatively less articulated. It argues that, notwithstanding broad phrases in the Treaty, access to ‘EU citizenship’ is in practice conditioned upon performance of paid work (housewives need not apply). Nevertheless, it contends that progressive possibilities remain in a ‘notion of a citizen imagined not only as a man but also as a woman’.
Floris de Witte
- Published in print:
- 2015
- Published Online:
- August 2016
- ISBN:
- 9780198724346
- eISBN:
- 9780191792052
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198724346.003.0005
- Subject:
- Law, EU Law
Chapter 4 looks at communitarian solidarity, which is connected with the novel idea(l) of community in the EU, and which describes the rights that citizens derive by virtue of their social, quotidian ...
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Chapter 4 looks at communitarian solidarity, which is connected with the novel idea(l) of community in the EU, and which describes the rights that citizens derive by virtue of their social, quotidian interaction with citizens in the host state. Communitarian solidarity, it will be argued, lies at the core of the equal treatment of mobile workers in their host state, informs the right to transboundary healthcare for patients, strips Member States of the capacity to differentiate in welfare access on the basis of nationality or residence alone. It is a normatively shallow but procedurally strong idea of membership, and can be traced in the case law of the Court in areas of education, healthcare, and social assistance. Particular attention will be paid to the access to student grants, where the limit to communitarian solidarity, and the tensions that it produces, is most pronounced.Less
Chapter 4 looks at communitarian solidarity, which is connected with the novel idea(l) of community in the EU, and which describes the rights that citizens derive by virtue of their social, quotidian interaction with citizens in the host state. Communitarian solidarity, it will be argued, lies at the core of the equal treatment of mobile workers in their host state, informs the right to transboundary healthcare for patients, strips Member States of the capacity to differentiate in welfare access on the basis of nationality or residence alone. It is a normatively shallow but procedurally strong idea of membership, and can be traced in the case law of the Court in areas of education, healthcare, and social assistance. Particular attention will be paid to the access to student grants, where the limit to communitarian solidarity, and the tensions that it produces, is most pronounced.
Susanne K. Schmidt
- Published in print:
- 2018
- Published Online:
- February 2018
- ISBN:
- 9780198717775
- eISBN:
- 9780191787287
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198717775.003.0003
- Subject:
- Political Science, European Union
Chapter 3 turns to the analysis of case-law development. The overlapping nature of EU and domestic legal orders, coupled with the great material detail in the EU Treaty, leads to a state of legal ...
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Chapter 3 turns to the analysis of case-law development. The overlapping nature of EU and domestic legal orders, coupled with the great material detail in the EU Treaty, leads to a state of legal uncertainty concerning the reach of EU law. Some private actors benefit from drawing on this supranational, alternative legal setting. The interpretation of the four freedoms and citizenship shows that legal uncertainty about the Treaty’s ever-broader scope is embedded in a path-dependent interpretation of rights. Principles established in one area are transferred to other areas, as most private actors perceive there to be benefits from such a transfer and legitimize their claims through established principles. Legal uncertainty and path dependence appear contradictory, but they are helpful concepts for understanding how the Court can further the stability and predictability of European law while giving new incentives for further integration.Less
Chapter 3 turns to the analysis of case-law development. The overlapping nature of EU and domestic legal orders, coupled with the great material detail in the EU Treaty, leads to a state of legal uncertainty concerning the reach of EU law. Some private actors benefit from drawing on this supranational, alternative legal setting. The interpretation of the four freedoms and citizenship shows that legal uncertainty about the Treaty’s ever-broader scope is embedded in a path-dependent interpretation of rights. Principles established in one area are transferred to other areas, as most private actors perceive there to be benefits from such a transfer and legitimize their claims through established principles. Legal uncertainty and path dependence appear contradictory, but they are helpful concepts for understanding how the Court can further the stability and predictability of European law while giving new incentives for further integration.
Elspeth Guild
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780198714101
- eISBN:
- 9780191782657
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198714101.003.0006
- Subject:
- Law, Human Rights and Immigration, Employment Law
This chapter examines how the EU creates an EU-wide labour market, but only for some, principally for those who are EU citizens, ie those who hold the nationality of the Member States. For these ...
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This chapter examines how the EU creates an EU-wide labour market, but only for some, principally for those who are EU citizens, ie those who hold the nationality of the Member States. For these privileged insiders, there is an EU-wide labour market. In contrast, for so-called third-country nationals, their first admission to the EU is usually regulated by domestic law, unless they fall within one of the six types of migration regulated by EU law. These categories are highly skilled workers under the Blue Card Directive, seasonal workers, refugees, researchers, and some family migrants. In most instances, those migrants are admitted to a single Member State. However, over time, they may accrue rights to ‘free movement’ across the EU, such as if they meet the requirements of the EU Long-Term Residents Directive. The chapter illustrates how migration status fragments the EU labour market.Less
This chapter examines how the EU creates an EU-wide labour market, but only for some, principally for those who are EU citizens, ie those who hold the nationality of the Member States. For these privileged insiders, there is an EU-wide labour market. In contrast, for so-called third-country nationals, their first admission to the EU is usually regulated by domestic law, unless they fall within one of the six types of migration regulated by EU law. These categories are highly skilled workers under the Blue Card Directive, seasonal workers, refugees, researchers, and some family migrants. In most instances, those migrants are admitted to a single Member State. However, over time, they may accrue rights to ‘free movement’ across the EU, such as if they meet the requirements of the EU Long-Term Residents Directive. The chapter illustrates how migration status fragments the EU labour market.
