EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship Between Primary and Secondary Rights in Times of Brexit

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Table of Contents: I. Introduction. – I.1. Mapping out the constitutional and legislative framework for EU citizenship law. – I.2. The multiple constitutional functions of Art. 21 TFEU. – I.3. Tensions between primary and secondary law: the UK Settlement as an illustration. – II. Deconstitutionalising the perimeters of EU citizenship law: from ...

Free Movement of Dual EU Citizens

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Table of Contents: I. Introduction. – II. Setting the scene. – II.1. Applicable nationality – Ranking and mobility quality. – II.2. Constellations. – II.3. Right to return – Conditions (Home MS(/MS) movement MS/Home MS). – II.4. “Circular” right to return – (Home MS/MS movement Home MS/Home MS). – II.5. Naturalisation – Lounes (Home MS/MS...

The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union

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Table of Contents: I. Introduction. – II. An enforceable right to participate in European elections. – III. The broad scope of application of the right to participate in European elections vis-à-vis Member States. – III.1. A right applicable to Member States. – III.2. A right applicable in purely internal situations. – IV. The right to...

The Sale of Conditional EU Citizenship: The Cyprus Investment Programme Under the Lens of EU Law

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Table of Contents: I. Introduction. – II. The unique case of the Cyprus Investment Programme. – III. Restrictions on free movement of capital. – III.1. Capital movement, its restrictions and justifications. – III.2. Application of these principles to the Cypriot case. – IV. Citizenship of the EU. – IV.1. Investment migration schemes in the...

EU Citizenship in Times of Brexit – Introduction

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Abstract: EU citizenship played a central role in the debate preceding the Brexit referendum and during the Brexit negotiations. It is inevitable, therefore, that, in the context of Brexit the concept of EU citizenship was and continues to be deeply challenged. This Special Section takes the process of Brexit and the challenges raised against the...

Extra Unionem Nulla Salus? The UK Withdrawal and the European Constitutional Moment

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It is possible that the 29th of March 2019 will be considered as the date on which the Union has ceased to be a quarrelsome community of sovereign States and has become a community of destiny.

This may well occur if, on that date, EU law will cease to apply to the UK, thus transforming the withdrawal of that State into a disorderly and...

Free Movement of Persons in the EU v. in the EEA: Of Effect-related Homogeneity and a Reversed Polydor Principle

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Table of Contents: I. Introduction. – II. The incorporation of Directive 2004/38 into EEA law: legal framework. – III. The meaning of the reservation according to the EFTA Court’s obiter dictum in Wahl. – IV. Other EFTA Court case law on Directive 2004/38 in the EEA context. – IV.1. Unproblematic in the present writer’s...

The Posting of Workers Directive Revised: Enhancing the Protection of Workers in the Cross-border Provision of Services

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Table of Contents: I. Introduction. – II. Posting of workers on European labour markets. – III. Introducing workers' protection through the Posting of Workers Directive. – III.1. The Court of Justice and workers' protection in the context of cross-border services. – III.2. The Posting of Workers Directive laying down a nucleus of protective rights...

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European Forum

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Forum Européen

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Forum europeo

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