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This Research Handbook provides a panoramic guide to the study and
research of EU citizenship and its development within a challenging
environment characterised by restrictive access to social benefits,
Brexit, Euroscepticism and Covid-19. It combines theoretical
perspectives with analyses of both the existing and future rights,
duties and social protection that EU citizens ought to enjoy in a
democratic and principled European Union. Featuring expert
contributions from scholars both within and outside the discipline
of law, the Research Handbook focuses on contemporary challenges
facing the EU, such as Brexit, the erosion of rights and issues of
constitutional choice for the citizens and governments of Europe,
and highlights the reality of incomplete implementation of EU law
and the role of the Court of Justice of the EU. A wide range of
topics are discussed, featuring, but not limited to,
differentiation, EU citizenship and nationality, the European
Pillar of Social Rights, academic freedom and restrictions in free
movement of persons. The book also applies a forward thinking
approach by examining the promise of EU citizenship and the
institutional reforms one might envisage in the future. Offering a
thought-provoking contribution to ongoing debates and studies in
the fields of EU citizenship, European internal market law and
policy and European integration, this Research Handbook will be key
reading for researchers, academics and postgraduate students in the
fields of law, political science, EU studies, and sociology.
Where do I belong? This is a question all mobile persons are bound
to ask themselves at one time or another. When crossing borders,
individuals establish links with States, which can be the basis for
legal claims against these States.This book discusses the issue of
these links and, more specifically, the question of how EU law
defines the link needed to obtain the right to reside in a Member
State and the right to social and employment protection in that
State. When it comes to claiming rights from States, traditionally
nationality is the answer to the question where a person belongs.
However, in the context of European integration and the development
of an EU legal framework of internal market rules, citizenship
rights and immigration rules, different answers to these questions
have been developedFrom this perspective the various chapters of
this book examine instruments such as the Citizens Directive
2004/38, the Family Reunification Directive 2003/86, the Long-term
Residence Directive 2003/109, the Social Security Coordination
Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting
of Workers Directive 96/71. The case-law of the Court of Justice on
these issues is of course a central element therein.The analyses of
scholars from different legal disciplines in the fourteen chapters
of this book show that EU law gives a multitude of answers to the
question which link is necessary and sufficient to create an
individual's right vis--vis a State. The definition of this link,
the criteria used and the legal consequences differ according to
the legal framework the individual finds himself/herself in and the
legal instrument he/she invokes. Moreover, the criteria used in
legislation and case-law continue to be the subject of problems of
interpretation and application, which in turn leads to legal
uncertainty or even confusion.
The question of supranational citizenship is one of the more
controversial in EU law. It is politically contested, the object of
prominent court rulings and the subject of intense academic
debates. This important new collection examines this vexed
question, paying particular attention to the Court of Justice.
Offering analytical readings of the key cases, it also examines
those political, social and normative factors which influence the
evolution of citizens' rights. This examination is not only timely
but essential given the prominence of citizen rights in recent
political debates, including in the Brexit referendum. All of these
questions will be explored with a special emphasis on the interplay
between immigration from third countries and rules on Union
citizenship.
National rules on immigration and asylum have been transformed in
recent years. EU Directives and Regulations, including the relevant
case law of the European Court of Justice, have become ever more
important - for those working in ministries, immigration
authorities, national courts, academia, non-governmental
organisations and also for those who are practising lawyers. The
fundamentally revised and amended second edition of this book
focuses on core legislation, including the Asylum Qualification
Directive, the Asylum Procedure and Reception Directives, the
Dublin III Regulation, the Border Code, Visa and Frontex
Regulations, the Family Reunion Directive, the Blue Card Directive,
the Long Term Residents' Directive and the Return Directive.
The question of supranational citizenship is one of the more
controversial in EU law. It is politically contested, the object of
prominent court rulings and the subject of intense academic
debates. This important new collection examines this vexed
question, paying particular attention to the Court of Justice.
Offering analytical readings of the key cases, it also examines
those political, social and normative factors which influence the
evolution of citizens' rights. This examination is not only timely
but essential given the prominence of citizen rights in recent
political debates, including in the Brexit referendum. All of these
questions will be explored with a special emphasis on the interplay
between immigration from third countries and rules on Union
citizenship.
In der öffentlichen Diskussion erlebt derzeit ein Begriff eine
Renaissance, der in Deutschland bisher gemieden wurde:
"Rassismus“. Daher müssen sich Rechtswissenschaft und
Gesellschaft dringend der Frage stellen, welche verschiedenen
Erscheinungsformen des Rassismus es gibt und inwiefern diese von
den juristischen Diskriminierungsverboten im deutschen,
europäischen und internationalen Recht erfasst werden. Der Band
versammelt führende Wissenschaftlerinnen und Wissenschaftler, um
einer doppelten Leitfrage auf den Grund zu gehen: Umfassen die
Diskriminierungsverbote neben vermeintlich angeborenen
Unterschieden auch kulturalisierte Formen des Rassismus? Wie
erhält sich das Verbot einer offenen, versteckten oder mittelbaren
Diskriminierung zu den Erscheinungsformen eines strukturellen bzw.
institutionellen Rassismus, der nicht auf intentionalen Handlungen
beruht?
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