Special Section: EU Citizenship, Federalism, and Rights. European Papers - A Journal on Law and Integration, Vol. 3, 2018, No 3

European Papers - A Journal on Law and Integration, Special Section: EU Citizenship, Federalism, and Rights, Vol. 3, 2018, No. 3, pp. 1061–1288

University of Groningen Faculty of Law Research Paper No. 6/2019

232 Pages Posted: 11 Mar 2019 Last revised: 28 Apr 2019

See all articles by Dimitry Kochenov

Dimitry Kochenov

University of Groningen - Faculty of Law

David de Groot

University of Bern - School of Law

Araceli Turmo

Université de Nantes

Katerina Kalaitzaki

University of Central Lancashire - UCLan Cyprus

Antonio Iannì

Ca Foscari University of Venice

Daniel Carter

Leiden Law School

Moritz Jesse

Leiden University - Europa Institute

Hester Kroeze

Ghent University-Universiteit Gent

Sébastien Platon

University of Bordeaux - Montesquieu University - Bordeaux IV

Sofya Kudryashova

PHC Tsangarides LLC

Date Written: February 9, 2018

Abstract

This special section of the European Papers (Vol 3, No. 3, 2018) focuses on the intersection of EU citizenship and federalism in Europe, approaching this intersection from an array of different perspectives. European Citizenship, although derived from the nationalities of the Member States, came to play a significant independent role in reforming European constitutionalism in unanticipated ways by undermining some of the key assumptions underlying the notions of citizenship, equality and democratic accountability. Instead of lingering merely as a super-structure atop Member State nationalities, it instead reshuffles the constitutional basics and not all Europeans emerge as winners as a result. To demonstrate this, the authors look at the impact of the cumulation of Member State nationalities on the scope of EU free movement rights of citizens, showing that additional EU nationalities can actually also be a liability, not only an asset (de Groot); that EU citizenship law came to influence also other areas of free movement of persons, including workers’ and students’ rights (Turmo); the EU citizenship can play a role in the context of the contestation of fundamental rights during global financial crises (Kalaitzaki), which also concerns the supranational-level democracy tools, such as the citizens’ initiative (Ianni’), as well, as, potentially, has an impact on the right to participate in EU-level elections as such (Platon); that the Court of Justice is not as unpredictable and rights-anaemic as some scholars claimed, while approaching access to social benefits case-law out of context (Carter and Jesse); that the line between ‘use’ and ‘abuse’ of rights is still terribly thin in a constitutional system where falling within the scope of supranational law represents a very complex and at times haphazard test (Kroeze); and, lastly, that investment citizenship, even if offered in full compliance with national law, could represent a challenge for the upholding of fundamental freedoms supranatoinally (Kudryashova). Many a lesson can be drawn from this heterogeneous, yet strictly EU citizenship-focused collection.

Keywords: EU Law, EU Citizenship, Free Movement, Social Benefits, Democracy

Suggested Citation

Kochenov, Dimitry and de Groot, David and Turmo, Araceli and Kalaitzaki, Katerina and Iannì, Antonio and Carter, Daniel and Jesse, Moritz and Kroeze, Hester and Platon, Sébastien and Kudryashova, Sofya, Special Section: EU Citizenship, Federalism, and Rights. European Papers - A Journal on Law and Integration, Vol. 3, 2018, No 3 (February 9, 2018). European Papers - A Journal on Law and Integration, Special Section: EU Citizenship, Federalism, and Rights, Vol. 3, 2018, No. 3, pp. 1061–1288; University of Groningen Faculty of Law Research Paper No. 6/2019. Available at SSRN: https://ssrn.com/abstract=3331670

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

David De Groot

University of Bern - School of Law ( email )

Schanzeneckstrasse 1
Bern, 3012
Switzerland

Araceli Turmo

Université de Nantes ( email )

Chemin de la Censive du Tertre-BP81307
44313 Nantes, 44313
France

Katerina Kalaitzaki

University of Central Lancashire - UCLan Cyprus ( email )

12-14 University Avenue
Pyla
Larnaka, 7080
Cyprus

Antonio Iannì

Ca Foscari University of Venice ( email )

Dorsoduro 3246
Venice, Veneto 30123
Italy

Daniel Carter

Leiden Law School ( email )

Steenschuur 25
Leiden, 2311ES
Netherlands

Moritz Jesse

Leiden University - Europa Institute ( email )

Steenschuur 25
Leiden, 2311ES
Netherlands

Hester Kroeze

Ghent University-Universiteit Gent ( email )

Coupure Links 653
Gent, 9000
Belgium

Sébastien Platon

University of Bordeaux - Montesquieu University - Bordeaux IV ( email )

33608 Pessac Cedex
France

Sofya Kudryashova

PHC Tsangarides LLC ( email )

Cyprus

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