Union Citizenship-Background, Jurisprudence, and Perspective: The Past, Present, and Future of Law and Policy

Elsmore, Matthew J.; Starup, Peter

doi:10.1093/yel/26.1.57

“…20 The precise character of Union citizenship has come under scrutiny from multiple angles including normative political philosophy, 21 political science, 22 political sociology, 23 as well as the obvious reference point of legal scholarship. 24 From time to time, the specific relationship between citizenship of the Union and the citizenship laws of the Member States has been closely examined, with sharply differing conclusions amongst scholars as to the residual significance of national citizenship law in an era of Europeanisation and, indeed, globalisation. 25 Finally, in my own work, I focused on exploring in detail the developmental character of citizenship as currently constituted in the EU through a case study of the electoral rights guaranteed under the EU Treaties.…”

Section: At the Highest Level Of Generality What Role Has Citizenshimentioning

confidence: 99%

Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

Shaw

¹

2020

SSRN Journal

0

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This paper explores the different ways in which citizenship has played a role in polity formation in the context of the European Union. It focuses on both the 'integration' and the 'constitution' dimensions. The paper thus has two substantive sections. The first addresses the role of citizenship of the Union, examining the dynamic relationship between this concept, the role of the Court of Justice, and the free movement dynamic of EU law. The second turns to citizenship in the Union, looking at some recent political developments under which concepts of citizenship, and democratic membership as a key dimension of citizenship, have been given greater prominence. One key finding of the paper is that there is a tension between citizenship of the Union, as part of the EU's 'old' incremental constitutionalism based on the constitutionalisation of the existing Treaties, and citizenship in the Union, where the possibilities of a 'new' constitutionalism based on renewed constitutional documents have yet to be fully realised.

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“…21 The precise character of Union citizenship has come under scrutiny from multiple angles including normative political philosophy, 22 political science, 23 political sociology, 24 as well as the obvious reference point of legal scholarship. 25 From time to time, the specific relationship between citizenship of the Union and the citizenship laws of the Member States has been closely examined, with sharply differing conclusions amongst scholars as to the residual significance of national citizenship law in an era of Europeanisation and, indeed, globalisation. 26 Finally, in my own work, I focused on exploring in detail the developmental character of citizenship as currently constituted in the EU through a case study of the electoral rights guaranteed under the EU Treaties.…”

Section: B Key Questions In (Eu) Citizenship Studiesmentioning

confidence: 99%

Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

Shaw

¹

2010

View full text Add to dashboard Cite

This paper explores the different ways in which citizenship has played a role in polity formation in the context of the European Union. It focuses on both the 'integration' and the 'constitution' dimensions. The paper thus has two substantive sections. The first addresses the role of citizenship of the Union, examining the dynamic relationship between this concept, the role of the Court of Justice, and the free movement dynamic of EU law. The second turns to citizenship in the Union, looking at some recent political developments under which concepts of citizenship, and democratic membership as a key dimension of citizenship, have been given greater prominence. One key finding of the paper is that there is a tension between citizenship of the Union, as part of the EU's 'old' incremental constitutionalism based on the constitutionalisation of the existing Treaties, and citizenship in the Union, where the possibilities of a 'new' constitutionalism based on renewed constitutional documents have yet to be fully realised.

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Article 9 [The Principle of Equality and Citizenship of the Union]

Blanke

¹

,

Mangiameli

²

2013

The Treaty on European Union (TEU)

0

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Union Citizenship-Background, Jurisprudence, and Perspective: The Past, Present, and Future of Law and Policy

Cited by 12 publications

References 0 publications

Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

Article 9 [The Principle of Equality and Citizenship of the Union]

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