EU Citizenship at the Edges of Freedom of Movement - (Modern Studies in European Law) by Katarina Hyltén-Cavallius (Hardcover)

About the Book

"This book critically analyses the case law on EU Citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates the development of the Court of Justice's case law generating a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship appears as a poor legal personhood, which sharpens the edges to exercising free movement rights, and pushes the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the Charter for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the EU Charter, and the strength of its legal position for the person who exercises freedom of movement"--

Book Synopsis

This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome.

Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case.

The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.

Review Quotes

"Of great value to scholars of EU citizenship of all levels, especially those seeking to make heads and tails of the recent citizenship jurisprudence. The careful analysis of years of history ... helps to contextualise the eventual conclusion of [EU citizenship] being a two-tiered concept based on the idea that the status-and indeed, citizens themselves-may find themselves at the edges of free movement and therefore in a legal space difficult to overcome." --European Law Review

"Overall, Hyltén-Cavallius' book is suggested for getting a concise and thorough overview of the jurisprudence of the Court on EU citizenship. It provides the reader with all the relevant legal material on the matter and sets the basis for further reflection on the EU citizenship concept." --Nordic Journal of European Law

"From free movement and equal treatment to political and fundamental rights, the book masterfully narrates how EU citizens are affected by different dynamics of opening and closure, depending on the legal nature of the claim at issue." --Common Market Law Review

About the Author

Katarina Hyltén-Cavallius is Assistant Professor of EU Law, Aarhus University.