Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism

33 Pages Posted: 8 Apr 2010

See all articles by Jo Shaw

Jo Shaw

University of Edinburgh

Multiple version iconThere are 2 versions of this paper

Date Written: April 7, 2010

Abstract

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 realized.

Keywords: Citizenship, European Union, Treaty of Lisbon, Free Movement, Constitution

Suggested Citation

Shaw, Jo, Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism (April 7, 2010). U. of Edinburgh School of Law Working Paper No. 2010/14, Available at SSRN: https://ssrn.com/abstract=1585938 or http://dx.doi.org/10.2139/ssrn.1585938

Jo Shaw (Contact Author)

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/staff/joshaw/

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