EU Citizenship and Federalism: The Role of Rights

Cambridge University Press
Free sample

Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
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About the author

Dimitry Kochenov is Professor of EU Constitutional Law at Rijksuniversiteit Groningen, The Netherlands and Visiting Professor at the College of Europe, Natolin. He has held fellowships and visiting professorships worldwide, including at Princeton University, New Jersey (Crane Fellowship in Law and Public Affairs, Woodrow Wilson School), New York University Law School (Émile Noël Fellowship), Osaka Graduate School of Law, and as Visiting Chair in Private Law at the Università degli Studi di Torino, Italy. He has advised international institutions and governments and has published widely in the areas of EU constitutional law and citizenship.

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Additional Information

Publisher
Cambridge University Press
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Published on
Apr 13, 2017
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Pages
869
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ISBN
9781108146111
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Language
English
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Genres
Law / Civil Law
Law / Civil Rights
Law / Constitutional
Law / Emigration & Immigration
Law / General
Law / Government / General
Law / International
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Content Protection
This content is DRM protected.
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This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union.
Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history.
Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.
Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. This book offers the first overarching examination of constitutional pluralism.Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.
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By the one-time federal prosecutor for the Southern District of New York, an important overview of the way our justice system works, and why the rule of law is essential to our society. Using case histories, personal experiences and his own inviting writing and teaching style, Preet Bharara shows the thought process we need to best achieve truth and justice in our daily lives and within our society.

Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature.
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