European Citizenship under Stress

Nathan Cambien teaches EU law at Antwerp and is a referendaire at the Court of Justice of the European Union in Luxembourg. His countless publications deal with EU citizenship and non-discrimination law. Dimitry Kochenov teaches European Constitutional law in Groningen and is associate of the EU Studies Programme at Princeton. Among his recent publications is Citizenship (MIT Press, 2019) and edited volumes on EU Citizenship and Federalism (Cambridge, 2017) and Quality of Nationality Index (with Lindeboom, Hart Publishing, 2020). Elise Muir teaches EU law at KU Leuven and the College of Europe (Bruges). She is the author, most recently, of EU Equality Law (Oxford, 2018).

Preface

Abbreviations

Table of Cases

Notes of Contributors



1 European Citizenship under Stress: Introduction

  Nathan Cambien, Dimitry Kochenov and Elise Muir



PART 1

EU Citizenship: Constitutional Challenges



2 EU Citizenship: Some Systemic Constitutional Implications

  Dimitry Kochenov



3 Union Citizenship and Beyond

  Hans Ulrich Jessurun d’Oliveira



4 EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits

  Katerina Kalaitzaki



5 Free Movement of Dual EU Citizens

  David A.J.G. de Groot



PART 2

Free Movement and Its Limits



6 The Court, the Legislature and the Co-Construction of a Status of Social Integration

  Stephen Coutts



7 Life after the ‘Dano-Trilogy’: Legal Certainty, Choices and Limitations in EU Citizenship Case La

  Moritz Jesse and Daniel William Carter



8 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

  Elise Muir



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

  Nathan Cambien



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

  Hester Kroeze



11 The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement?

  Piet Van Nuffel and Sofia Afanasjeva



PART 3

EU Citizenship beyond Movement



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

  Araceli Turmo



13 European Higher Education in the Context of Brexit

  Sacha Garben



14 The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union

  Sébastien Platon



15 The European Citizens’ Initiative in Times of Brexit

  Natassa Athanasiadou



PART 4

Supranational Citizenship and the Outside World



16 The “Sale” of Conditional Citizenship: the Cyprus Investment Programme under the Lens of EU Law

  Sofya Kudryashova



17 Member State Nationality, EU Citizenship and Associate European Citizenship

  A.P. van der Mei



18 From Union Citizen to Third-country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union

  Gillian More



19 Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle

  Christa Tobler



20 The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus

  Bendikt Pirker and Kirill Entin