Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal

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Table of Contents: I. Introduction. – II. EU citizens and their family members: “autonomous” vs. “derived” residence rights. – III. Residence rights enjoyed by EU citizens as inalienable rights? – III.1. Residence rights of UK nationals and their family members in the EU27. – III.2. Residence rights of EU27 citizens and their family members...

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...

The European Citizens’ Initiative in Times of Brexit

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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...

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 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...

Social Integration: The Different Paradigms for EU Citizens and Third Country Nationals

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Table of Contents: I. Introduction. – II. Acts relating to immigration policy. – II.1. Directive 2003/109 on long-term residents. – II.2. Directive 2003/86 on family reunification. – III. Acts relating to asylum policy. – III.1. The Dublin Regulation. – III.2. The Qualifications Directive. – IV. Acts relating to free movement of persons. – IV.1....

Social Integration in EU Law: Content, Limits and Functions of an Elusive Notion – Introduction

e-Journal

Abstract: This Introduction guides the reader through the special section "Social Integration in EU Law: Contents, Limits and Functions of an Elusive Notion". The Authors underline the multi-faceted essence of this concept, which has both an integrative potential and a defensive function. Social integration is closely connected to the...

The Past of an Illusion? Pluralistic Theories of European Law in Times of “Crises”

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Table of Contents: I. Introduction. – II. Pluralistic constitutional pluralism? Disaggregating constitutional pluralism. – II.1. Strategic pluralism. – II.2. Pluralistic federalism. – II.3. Judicial pluralism. – II.4. Pluralistic pluralism or pluralistic federalism? – III. The empirical shock: the second and the third European transformations. – III...

Europa: de Habermas a Kant pasando por el populismo

e-Journal

Table of Contents: I. La previsión de Habermas. – II. La estabilidad del mundo de la vida como condición. – III. Foucault y el neoliberalismo como solución. – IV. La previsión kantiana. – V. La imposibilidad de un escenario schmittiano.

Abstract: In the framework of his theory of social evolution,...

Fundamental Values and Fundamental Disagreement in Europe

e-Journal

On 12 September 2018, two events occurred, both with considerable legal and political implications, and seemingly inspired by different conceptions about the role of European fundamental values and principles.

The first event is a resolution adopted by the European Parliament – on the basis of a large majority – calling upon the Council to determine...

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