EU Citizenship and Its Relevance for EU Exit and Secession

Athanassiou, Phoebus; Shaelou, Stéphanie Laulhé

doi:10.1017/9781139680714.031

Cited by 4 publications

(3 citation statements)

References 16 publications

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“…We agree that the rights of both of these constituencies are compulsory parts of any withdrawal agreement. 74 But we cannot forget that the obligation is only one of conduct, and a withdrawal without a deal is a real possibility pursuant to Article 50(3). At the same time, it is no less true that in the absence of a negotiated withdrawal, the consequences of the loss of EU rights for the nationals of that State in other EU countries would be particularly severe, precisely because such rights allow a citizen to choose where to work and establish themselves alongside their families.…”

Section: Citizens' Rights With or Without A Withdrawal Agreementmentioning

confidence: 99%

The Emergence Of EU Withdrawal Law

Wessel,

Polak

2024

COLA

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“EU withdrawal law” has become a sub-field ofEUlaw.Nowthat the dust of the first withdrawal of a Member State from the EU is slowly settling, one can take a step back and analyse “withdrawal law” in a more comprehensive fashion. Its main characteristics reveal the extensive, and largely exclusive, role of the EU as such in the process of negotiating and concluding both a withdrawal agreement and a future trade deal. This reflects the procedure, which may not have been given too much attention when it was included in theTreaty, but which formed the basis for extensive subsequent institutional and scholarly interpretation. EU withdrawal law reveals not only that Member States wishing to leave the Union have to follow strict rules and procedures, but also that these rules and procedures partly remain relevant after the actual withdrawal.

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Section: Citizens' Rights With or Without A Withdrawal Agreementmentioning

confidence: 99%

The Emergence Of EU Withdrawal Law

Wessel,

Polak

2024

COLA

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“…Or would such a reading violate the very spirit of exiting, according to the view that 'imposing [European citizenship and relative rights-protection] on the people of a member state who just voted to leave the Union would be nothing but a direct attack on the letter and purpose of the provision making withdrawals possible'? (Kochenov 2016; also Athanassiou and Laulhé Shaelou 2016). Can't the 'acquired rights' of people having made use of their free movement be frozen without rending futile the attempt of a country to exit the Union?…”

Section: Four Arguments In Favour Of Theorymentioning

confidence: 99%

Understanding Citizenship: The Functionalist Approach

Mindus

2017

European Citizenship After Brexit

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This chapter starts by explaining why a theoretically informed inquiry is needed. Such an inquiry is warranted for a number of reasons that include political volatility, lack of relevant precedents and the fact that conventional approaches do not lead to many policy suggestions for solving the hard cases at hand. It is suggested that Brexit may place us before a constitutional dilemma: Can Article 50 be taken seriously without giving up rights? The functionalist theory that this study adopts is outlined and explained. Three ways in which it applies to Brexit are distinguished. These three directions of inquiry are developed in the rest of the book.

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“…Or would such a reading violate the very spirit of exiting, according to the view that 'imposing [European citizenship and relative rights-protection] on the people of a member state who just voted to leave the Union would be nothing but a direct attack on the letter and purpose of the provision making withdrawals possible'? ; also Athanassiou and Laulhé Shaelou 2016). Can't the 'acquired rights' of people having made use of their free movement be frozen without rending futile the attempt of a country to exit the Union?…”

Section: Four Arguments In Favour Of Theorymentioning

confidence: 99%

European Citizenship after Brexit

Mindus

2016

SSRN Journal

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Following on the sustained success of the acclaimed European Union Series, which essentially publishes research-based textbooks, Palgrave Studies in European Union Politics publishes cutting edge research-driven monographs. The remit of the series is broadly defined, both in terms of subject and academic discipline. All topics of significance concerning the nature and operation of the European Union potentially fall within the scope of the series. The series is multidisciplinary to reflect the growing importance of the EU as a political, economic and social phenomenon.

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EU Citizenship and Its Relevance for EU Exit and Secession

Cited by 4 publications

References 16 publications

The Emergence Of EU Withdrawal Law

The Emergence Of EU Withdrawal Law

Understanding Citizenship: The Functionalist Approach

European Citizenship after Brexit

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