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Equal Citizenship and Its Limits in EU Law

We The Burden?. Modern Studies in European Law

Format: Hardback
Publisher: Bloomsbury Publishing PLC, Oxford, United Kingdom
Imprint: Hart Publishing
Published: 21st Apr 2016
Dimensions: w 156mm h 234mm d 14mm
Weight: 499g
ISBN-10: 1782258159
ISBN-13: 9781782258155
Barcode No: 9781782258155
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Synopsis
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.

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Neuvonen's book is an important contribution to the academic commentary on the Court's interpretation of Union citizenship (...). The book offers an inspired account of the way in which law is creating the European individual, the problems and tensions that are implicit in that process, and the biases that we need to work through in order to create an EU that is more sensitive to all its citizens, rather than focusing on the mobile elite. -- Floris de Witte, London School of Economics and Political Science * European Law Review * The book offers an interesting perspective. The ambitions and the methodological premises as formulated at the book's outset should serve as an example for others. -- Matijn Van Den Brink * European Journal of Legal Studies *