Distinguishing Between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination

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Table of Contents: I. Introduction. – II. Reverse discrimination: colliding constitutional principles in EU law. – III. Abuse of EU law: definition and background. – IV. Abuse in the context of family reunification rights. – V. The case-law of the Court of Justice on family reunification law abuse. – VI. The Commission Communication with guidelines...

The European Citizens’ Initiative in Light of the European Debt Crisis: A Gateway Between International Law and the EU Legal System

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Table of Contents: I. Sovereign default: the same old story. – II. The European debt crisis: a first timid step towards a possible solution. – III. The European Citizens’ Initiatives: an introductory overview. – IV. The Anagnostakis case. – V. Final remarks.

Abstract: This Article...

EU Citizenship as a Means of Empowerment for Fundamental Rights During the Financial Crisis

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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...

The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU: The Case of Student Finance

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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”...

EU Citizenship: Some Systemic Constitutional Implications

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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....

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...

The “Dano Evolution”: Assessing Legal Integration and Access to Social Benefits for EU Citizens

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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...

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...

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