Equal citizenship and its limits in EU law : we the burden / Päivi Johanna Neuvonen.
2016
KJE5124 .N48 2016 (Map It)
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Details
Title
Equal citizenship and its limits in EU law : we the burden / Päivi Johanna Neuvonen.
Published
Oxford ; Portland, Oregon : Hart Publishing, 2016.
Call Number
KJE5124 .N48 2016
ISBN
9781782258155 (hardback)
1782258159 (hardback)
9781782258162
1782258159 (hardback)
9781782258162
Description
xiv, 213 pages ; 25 cm.
System Control No.
(OCoLC)918874308
Note
Based on the author's thesis (doctoral - University of Oxford, 2013) issued under title: We the burden.
Bibliography, etc. Note
Includes bibliographical references (pages 192-207) and index.
Available in Other Form
Online version: Neuvonen, Päivi Johanna, 1983- author. Equal citizenship and its limits in EU law. Oxford ; Portland, Oregon : Hart Publishing Ltd, 2016 9781782258162 (DLC) 2015046375
Record Appears in
Table of Contents
Acknowledgements
v
Table of Cases
xi
Introduction
1
Outline of the Book
9
pt. I
EU Citizenship and the Equality Problem
1.
Evolution of Equality in EU Law: From Nationality Discrimination Towards Equal Citizenship
15
1.1.
Introduction
15
1.2.
Multiple Face of Equal Treatment Irrespective of Nationality in Regard to Private Individuals
15
1.2.1.
Economic Right Under Article 45 TFEU
15
1.2.2.
Citizenship Right Under Article 18 TFEU
16
1.2.3.
Fundamental Right Under the EU Charter
19
1.2.4.
Human Right Under the ECHR
21
1.3.
Beyond Nationality Discrimination: The Emergence of a New Equality Problem
24
1.4.
Quest for Equal Citizenship in EU Law: Something Different?
33
1.5.
Conclusion
39
2.
Equal Treatment: A (Limited) Right of All EU Citizens
40
2.1.
Introduction
40
2.2.
Scope of the Right: Comparability Between EU Citizens
41
2.2.1.
Personal Right to Equal Treatment---Comparability Based on What?
41
2.2.2.
Union Workers and the Status-Based Right to Equal Treatment: A Story of Strong Comparability
44
Status of a Union Worker
44
Accepted Limitations: A Narrow Approach
47
2.2.3.
Union Citizens and the Residence-Based Right to Equal Treatment: A Story of Weak Comparability
50
Requirement of Lawful Residence
52
Unequal Treatment Between EU Citizens as an `Inevitable Consequence' of EU Law?
55
2.2.4.
EU Citizens' Derived Right to Equal Treatment: The Structural Equality Problem
57
2.3.
Limitations on the Right: Relevant Differences Between EU Citizens
63
2.3.1.
Unlawful Discrimination or Legitimate Differential Treatment?
63
2.3.2.
`Real Link' with the Geographical Employment Market: A Story of de jure Economic Criteria
67
D'Hoop: Introducing the Economic `Real Link' Test
67
Collins: Constitutionalising the Economic `Real Link' Test?
68
Vatsouras and Koupatantze: The Combined Application of Directive 2004/38 and Article
45
TFEU--Still More Economic than Constitutional
69
2.3.3.
`Real Link' Based on Other Social and Economic Factors: A Story of de facto Economic Criteria
71
Bidar: Towards a Non-economic `Real Link' Test
71
Forster: A Formalistic Interpretation of the `Real Link' Test
73
Commission v Austria and Prinz and Seeberger. A More Substantive, but Still Economic, Version of the `Real Link' Test
75
From Brey to Dano: The Contested Role of Individual Circumstances in Defining Relevant Integration
78
2.3.4.
Lack of Non-economic Criteria for Legitimate Differential Treatment: The Substantive Equality Problem
82
2.4.
Conclusion
87
3.
EU Citizens' Responsibility to be Active and its Alternatives
89
3.1.
Introduction
89
3.2.
Equal Citizenship as a Problem of Belonging
90
3.3.
Proving Belonging or `How Economic and Social Activity Trump EU Citizenship'
95
3.3.1.
Equal Treatment Based on the Individual Responsibility to be Active
96
3.3.2.
Theorising the Requirement of ex ante Integration
101
3.4.
What is Wrong with the Activity-Based Account of Equality in EU Law?
103
3.4.1.
Egalitarian Justice as a Liberal Ideal of Equal Opportunities
104
3.4.2.
Egalitarian Justice as a Democratic Ideal of Human Relations
108
3.4.3.
Justifying a More Relational Account of Justice Transnationally: The Crux of the EU Equality Problem
112
3.5.
From Assimilation to Agency: Two Possible Solutions to the EU Equality Problem
122
3.5.1.
More Comparability Between EU Citizens: A Cul-de-Sac
123
3.5.2.
Revising the Reductionist View of Agency in EU Law: A Way Forward
125
3.5.3.
Linking EU Citizens' Agency to their Subjectivity: A Road-Map for a More Balanced View of Agency
128
3.6.
Conclusion
131
pt. II
EU Citizenship as a Source of Subjectivity
4.
(Re)constructing EU Citizenship as a Source of Subjectivity
135
4.1.
Introduction
135
4.2.
Subjectivity In and Through Relationships: A Feminist Approach to EU Citizenship
136
4.2.1.
Citizenship, Agency, and Subjectivity: A Triangle
137
4.2.2.
Affirming Intersubjective Relations Between Citizens
141
4.3.
Subjectivity as a Process: A Psycho-Dynamic Approach to EU Citizenship
146
4.3.1.
Self as a `Relational Subject'
148
4.3.2.
Self as a `Subject-in-Process'
151
4.3.3.
Why Political Subjects Need Agency
157
4.4.
Subjectivity and the Second-Person Perspective: A Phenomenological Approach to EU Citizenship
161
4.4.1.
Subjectivity Through the `Second-Person Perspective'
162
4.4.2.
Meaningful Relationship to the Other
165
4.5.
Transnational Subjectivity as a Dyadic Process of Becoming Between the Self and the Other
167
4.6.
Conclusion
169
5.
Citizens as Equal Subjects of European Integration: Practice and Theory
170
5.1.
Introduction
170
5.2.
Constitutional Constructive Perspective on EU Citizenship
170
5.3.
EU Citizens' Subjectivity as a Matter of Law
174
5.3.1.
More Independent Equality Objective for EU Law
175
5.3.2.
New Test for Legitimate Differential Treatment Between EU Citizens
176
5.4.
EU Citizens' Subjectivity as a Matter of Integration Theory
179
5.4.1.
Meaningful Relationships Between EU Citizens: A Source of New `Associative Duties'?
180
5.4.2.
European Integration: A Dynamic Process of Deepening Interdependence?
181
5.5.
Conclusion
184
Conclusions
185
Bibliography
192
Index
209