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

21 Pages Posted: 29 Feb 2016

See all articles by Urska Sadl

Urska Sadl

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

Mikael Madsen

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

Date Written: January 2016

Abstract

This article analyses 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, first, the Court of Justice of the EU continues to interpret the provisions of the treaty and secondary legislation broadly and reaches largely pro‐individual outcomes in its citizenship case‐law. Second, it has however, 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, which they derive from their relationship with EU citizens on the other hand. On this basis, we conclude that the economic crisis has had limited impact on EU citizenship law and remained confined to the edges of the notion of EU citizenship.

Suggested Citation

Sadl, Urska and Madsen, Mikael, Did the Financial Crisis Change European Citizenship Law? An Analysis of Citizenship Rights Adjudication Before and After the Financial Crisis (January 2016). European Law Journal, Vol. 22, Issue 1, pp. 40-60, 2016. Available at SSRN: https://ssrn.com/abstract=2738890 or http://dx.doi.org/10.1111/eulj.12167

Urska Sadl (Contact Author)

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

Via Bolognese 156 (Villa Salviati)
50-139 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

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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