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
Date Written: January 19, 2016
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
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