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Did the Financial Crisis Change European Citizenship Law? An Analysis of Citizenship Rights Adjudication Before and after the Financial Crisis

The European Law Journal (2016), Forthcoming

iCourts Working Paper Series No. 41

24 Pages Posted: 20 Jan 2016 Last revised: 12 Apr 2017

Urska Sadl

European University Institute - Department of Law (LAW); University of Copenhagen - iCourts - Centre of Excellence for International Courts

Mikael Rask Madsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts; University of Copenhagen - Faculty of Law

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Date Written: January 19, 2016

Abstract

As long as the Court goes on handing down judgments that enable ordinary men and women to savour the fruits of integration, it will continue to demonstrate its usefulness (Mancini & Keeling, 412).

This article analyzes the impact of the 2007-2008 global financial crisis on the adjudication of EU citizenship rights, combining long-term quantitative empirical legal study with qualitative socio-legal analysis. We find that, on the one hand, the CJEU continues to interpret the provisions of the Treaty and secondary legislation broadly, and reaches largely pro individual outcomes in its citizenship case-law. On the other hand, however, the CJEU has been more explicit in drawing the line between core citizenship rights of European citizens, such as the primary rights to move and reside freely, and the rights that are tied to these core citizenship rights, including social security and social advantages, and the rights of Third Country Nationals (TCNs), which they derive from their relationship with EU citizens. On this basis we argue that the economic crisis has had limited impact on EU citizenship law, and remained confined to the edges of the notion of EU citizenship.

Keywords: Citizenship rights, socio-legal analysis, judicial protection of individuals, impact of financial crisis, role of the Court of Justice of the EU

Suggested Citation

Sadl, Urska and Madsen, Mikael Rask, Did the Financial Crisis Change European Citizenship Law? An Analysis of Citizenship Rights Adjudication Before and after the Financial Crisis (January 19, 2016). The European Law Journal (2016), Forthcoming; iCourts Working Paper Series No. 41. Available at SSRN: https://ssrn.com/abstract=2718175 or http://dx.doi.org/10.2139/ssrn.2718175

Urska Sadl

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
Italy
27914233 (Phone)
27914233 (Fax)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Mikael Madsen (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

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