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Unity in Adversity - EU Citizenship, Social Justice and the Cautionary Tale of the UK (Hardcover)
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Unity in Adversity - EU Citizenship, Social Justice and the Cautionary Tale of the UK (Hardcover)
Series: Modern Studies in European Law
Expected to ship within 10 - 15 working days
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'In this important contribution to the analysis and construction of
European Union citizenship, Charlotte O'Brien provides her
characteristic blend of rigorous legal scholarship and compelling
social vision. She identifies challenging questions about the
relationship between justice and vulnerability that should concern
the shaping of law at all levels of governance.' Professor Niamh
Nic Shuibhne, University of Edinburgh 'Piercing the veil of
well-known proclamations of "equality" and "non-discrimination", in
this intimate portrait of Union law O'Brien sounds a sobering wake
up call. The Union, to the genuine surprise of some converted, is a
powerful actor of injustice, failing the vulnerable Europeans at
many a turn, blinded by its own proclaimed righteousness and
goodness to be aware of the plight of those it lets down. The
sooner we dispel the oxymoronic myth of a "market citizen" as a
necessary tool of the uniquely benevolent EU internal market
project, the sooner the process of healing the Union turning its
back on the majority of Europeans can begin. This book is an
important part of this beginning.' Professor Dimitry Kochenov,
University of Groningen 'Doctrinal mastery. Intellectual rigour.
Conceptual depth. Empirical enrichment. O'Brien's landmark text
offers its readers all of these qualities. But she also writes with
a clarity and honesty of purpose that is an inspiration to her
readers. Particularly at a time when certain political actors seek
to vilify "expertise", Unity in Adversity is a testament to the
value of independent and critical academic research.' Professor
Michael Dougan, University of Liverpool The EU is at a crossroads
of constitution and conscience. Unity in Adversity argues that EU
market citizenship is incompatible with a pursuit of social
justice, because it contributes to the social exclusion of women
and children, promotes a class-based conception of rights, and
tolerates in-work poverty. The limitations of EU citizenship are
clearest when EU nationals engage with national welfare systems,
but this experience has been neglected in EU legal research. Unity
in Adversity draws upon the ground-breaking EU Rights Project,
working first hand with EU nationals in the UK, providing advice
and advocacy, and giving ethnographic insight into the process of
navigating EU and UK welfare law. Its study of EU law in action is
a radical new approach, and the case studies illustrate the
political, legal and administrative obstacles to justice faced by
EU nationals. Taken together, the strands demonstrate that 'equal
treatment' for EU nationals is an illusion. The UK's welfare
reforms directed at EU nationals are analysed as a programme of
declaratory discrimination, and in light of the subsequent
referendum, should be treated as a cautionary tale - both to the
EU, to take social justice seriously, and to other Member States,
to steer away from xenophobic law-making. Shortlisted for the 2018
BBC Thinking Allowed Award for Ethnography. Winner of the 2019
Hart-SLSA Book Prize.
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