The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship
Author: Martin Steinfeld
Publisher: Cambridge University Press
This book argues that core concepts in EU citizenship law are riddled with latent fissures traceable back to the earliest case law on free movement of persons, and that later developments simply compounded such defects. By looking at these defects, not only could Brexit have been predicted, but it could also have been foreseen that unchecked problems with EU citizenship would potentially lead to its eventual dismantling during an era of widespread populism and considerable challenges to further integration. Using a critical constructivist approach, the author painstakingly outlines the 'temple' of citizenship from its foundations upwards, and offers a deconstruction of concepts such as 'worker', the role of non-economic actors, the principle of equal treatment, and utterances of citizenship. In identifying inherent fissures in the concept of solidarity and post national identification, this book poses critical questions and argues that we need to reconstruct EU citizenship from the bottom up.
The Deconstruction and Reconstruction of the Legal Evolution of Eu
Author: Martin Steinfeld
"A fundamental tenet of Plender's contention that the 'incipient' citizen can be seen to have emerged from the early case law on free movement is that the 'worker' can be construed as the early prototype of the citizen. This ties in particularly with the linkages made between market citizenship and EU Citizenship. The legal evolution of the 'worker' has arguably been the foundation stone of all free movement of persons law upon which the later temple of citizenship was built"--
Legal advisers working in the institutions of the European Union exercise significant power, but very little is known about their work. Notwithstanding the handful of cases where legal matters find their way into the news, legal advice remains invisible in EU policy making. For more than ten years Päivi Leino-Sandberg was a part of the invisible community of EU legal advisers, and participated in the exercise of their power. In this book, she shares her insights about how law and lawyers work in the EU institutions, and what their role and impact is on EU decisions from within the decision-making structure. She draws on interviews with over sixty EU lawyers and policymakers: legal experts who interpret the Treaties within the Institutions, draft legislation and defend the Institutions before the EU Court. Telling the true stories behind key negotiations, this book explores the interplay and tensions between legal requirements and political ambitions.
Data protection has become such an important area for law – and for society at large – that it is important to understand exactly what we are doing when we regulate privacy and personal data. This study analyses European privacy rights focusing especially on the GDPR, and asks what kind of legal personhood is presupposed in privacy regulation today. Looking at the law from a deconstructive angle, the philosophical foundations of this highly topical field of law are uncovered. By analysing key legal cases in detail, this study shows in a comprehensive manner that personhood is constructed in individualised ways. With its clear focus on issues relating to European Union law and how its future development will impact wider issues of privacy, data protection, and individual rights, the book will be of interest to those trying to understand current trends in EU law.
With thousands of migrants attempting the perilous maritime journey from North Africa to Europe each year, transnational migration is a defining feature of social life in the Mediterranean today. On the island of Sicily, where many migrants first arrive and ultimately remain, the contours of migrant reception and integration are frequently animated by broader concerns for human rights and social justice. Island of Hope sheds light on the emergence of social solidarity initiatives and networks forged between citizens and noncitizens who work together to improve local livelihoods and mobilize for radical political change. Basing her argument on years of ethnographic fieldwork with frontline communities in Sicily, anthropologist Megan Carney asserts that such mobilizations hold significance not only for the rights of migrants, but for the material and affective well-being of society at large.
Over the past two years, large-scale migratory movements to Europe have gained worldwide attention, and have prompted ever-greater desires to govern and control them. At the same time, we have seen the emergence of political struggles for rights to movement and demands for greater social justice, in both the global ‘north’ and ‘south’. Throughout the world, political mobilizations by refugees, irregularized migrants and solidarity activists have emerged, demanding and enacting the right to move and to stay, struggling for citizenship and human rights, and protesting the violence and deadliness of contemporary border regimes. This collection brings together articles that explore political mobilizations in several countries and (border) regions, including Brazil, Mexico, the United States, Austria, Germany, Greece, Turkey and ‘the Mediterranean’. Many of these political mobilizations can be understood as transnational responses to processes of regionalization and the intensification of restrictive border regimes across the globe, and as illustrative of what might be referred to as a ‘new era of protest’.
The EU plays an increasingly important role in issues such as the fight against organised crime and the management of migration flows, transforming the Area of Freedom, Security and Justice (AFSJ) into a priority of the EU’s political and legislative agenda. This book investigates whether institutional change - the gradual communitarisation of the AFSJ - has triggered policy change, and in doing so, explores the nature and direction of this policy change. By analysing the role of the EU’s institutions in a systematic, theory-informed and comparative way, it provides rich insights into the dynamics of EU decision-making in areas involving high stakes for human rights and civil liberties. Each chapter contains three sections examining: the degree of policy change in the different AFSJ fields, ranging from immigration and counter-terrorism to data protection the role of EU institutions in this process of change a case study determining the mechanisms of change. The book will be of interest to practitioners, students and scholars of European politics and law, EU policy-making, security and migration studies, as well as institutional change.
What does it mean to be a European citizen? The rapidly changing politics of citizenship in the face of migration, diversity, heightened concerns about security and financial and economic crises, has left European citizenship as one of the major political and social challenges to European integration. Enacting European Citizenship develops a distinctive perspective on European citizenship and its impact on European integration by focusing on 'acts' of European citizenship. The authors examine a broad range of cases - including those of the Roma, Sinti, Kurds, sex workers, youth and other 'minorities' or marginalised peoples - to illuminate the ways in which the institutions and practices of European citizenship can hinder as well as enable claims for justice, rights and equality. This book draws the key themes together to explore what the limitations and possibilities of European citizenship might be.