Table of Contents: I. Introduction. – II. A five-step evolution: integration, lawful residence and social benefits. – II.1. Step 1: the early cases. – II.2. Step 2: the reign of vague legal formulas. – II.3. Step 3: the Förster judgment as a turning point. – II.4. Step 4: Ziółkowski & Szeja and the (new) dominance of Directive...
Table of Contents: I. Introduction. – II. Setting the scene: legal characteristics of the “triangular” fundamental rights protection system. – III. The modern protection of fundamental rights. – IV. The Court’s “substance of the rights” doctrine. – V. The way forward: taking the “substance of the rights” doctrine a step further. – V.1. Delimiting...
Table of Contents: I. Introduction. – II. The perplexing extension of “sufficient links” tests to frontier workers’ social advantages. – II.1. A questionable but minor initial development. – II.2. A problematic extension to student finance. – II.3. A clear break with established case law and secondary law. – III. A contentious “investor’s approach”...
Table of Contents: I. Citizenships in Europe: harmony and conflict. – I.1. A curious legal status perched on limitations. – I.2. EU citizenship: two lessons. – II. EU citizenship: questioning the established narrative. – II.1. Empowering the citizen – Humiliating the State. – II.2. Promoting democracy – Undermining democratic outcomes. – II.3....
Table of Contents: I. Introduction. – II. From Safe Harbour to Privacy Shield: EU-US data transfer as a feedback loop. – II.1. Action: Safe Harbour and the first agreement on EU-US data transfer. – II.2. Effect: Safe Harbour invalidated by the CJEU in Schrems. – II.3. Feedback: Safe Harbour...
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...
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 ...
Table of Contents: I. Introduction. – II. Deprivation of Member State nationality. – II.1. Adults. – II.2. Minor children. – III. Member State withdrawal from the Union. – IV. Associate EU citizenship. – V. Final remarks.
Abstract: This Article addresses questions concerning the loss of...
Table of Contents: I. Introduction. – II. Revisiting the admissibility test. – II.1. Possibility of partial registration. – II.2. Possibility of influencing ongoing negotiations. – III. Managing expectations at the post-registration stage. – III.1. False expectations in case of partially inadmissible initiatives. – III.2. Difficulty of influencing...
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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