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...

European Higher Education in the Context of Brexit

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Table of Contents: I. Introduction. – II. European higher education law and policy. – II.1. The Bologna Process and the EHEA. – II.2. The EU and its higher education law and policy. – III. The UK and European higher education law and policy. – III.1. The UK and the Bologna Process. – III.2. The UK and EU higher education and policy. – IV. The...

EU Citizenship and Loss of Member State Nationality

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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...

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...

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 ...

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...

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...

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...

Fundamental Values and Fundamental Disagreement in Europe

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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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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo