EU Citizenship at the Edges of Freedom of Movement

Katarina Hyltén-Cavallius (Linnaeus University, Sweden)

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English

Hart Publishing
28 July 2022

International law; Immigration law

Series: Modern Studies in European Law

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.

By: Katarina Hyltén-Cavallius (Linnaeus University Sweden)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509945498
ISBN 10: 1509945490
Series: Modern Studies in European Law
Pages: 248
Publication Date: 28 July 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

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

Reviews for EU Citizenship at the Edges of Freedom of Movement

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. -- Adrienne Yong, City, University of London * European Law Review *