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This book argues that there is an inherent relationship between EU fundamental rights and EU citizenship; namely they both have the same aim of protecting the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). However, it suggests that that relationship in recent years has been weakened as the Court has entered increasingly sensitive territory with regards protection of citizenship rights and fundamental rights. Writing in the post EU referendum environment, the author argues that this decline is attributable to the Euroscepticism which has worsened since the Eurozone crisis and arguments that leaving the EU would reduce immigration from the EU. It offers one of the first comments on the current political atmosphere. This is important given rising fears of immigration which underlie much of the dissatisfaction with the EU project, not a feeling prevalent only in the UK. It will look at the rights of migrant EU citizens in Member States other than their own, and the guarantees that exist as a matter of protecting their fundamental human rights, which are present alongside rights enjoyed as part of being an EU citizen.
Citizenship --- 252 Mensenrechten --- Human rights --- Private law --- European Union --- Citoyenneté --- Citizenship - European Union countries --- Citizenship - Great Britain --- European law --- Status of persons
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Kathleen Paul challenges the usual explanation for the racism of post-war British policy. According to standard historiography, British public opinion forced the Conservative government to introduce legislation stemming the flow of dark-skinned immigrants and thereby altering an expansive nationality policy that had previously allowed all British subjects free entry into the United Kingdom. Paul's extensive archival research shows, however, that the racism of ministers and senior functionaries led rather than followed public opinion. In the late 1940s, the Labour government faced a birthrate perceived to be in decline, massive economic dislocations caused by the war, a huge national debt, severe labor shortages, and the prospective loss of international preeminence. Simultaneously, it subsidized the emigration of Britons to Australia, Canada, and other parts of the Empire, recruited Irish citizens and European refugees to work in Britain, and used regulatory changes to dissuade British subjects of color from coming to the United Kingdom. Paul contends post-war concepts of citizenship were based on a contradiction between the formal definition of who had the right to enter Britain and the informal notion of who was, or could become, really British.Whitewashing Britain extends this analysis to contemporary issues, such as the fierce engagement in the Falklands War and the curtailment of citizenship options for residents of Hong Kong. Paul finds the politics of citizenship in contemporary Britain still haunted by a mixture of imperial, economic, and demographic imperatives.
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'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh. 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen. 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.'Professor Michael Dougan, University of Liverpool. The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making.
Human rights --- European law --- United Kingdom --- European Union --- Europeans --- Citizenship --- Social legislation --- Legal status, laws, etc. --- Europeans - Legal status, laws, etc. - Great Britain. --- Citizenship - Great Britain. --- Citizenship - European Union countries. --- Social legislation - Great Britain. --- Social legislation - European Union countries.
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342.7 <4> --- Citizenship --- -Birthright citizenship --- Citizenship (International law) --- National citizenship --- Nationality (Citizenship) --- Political science --- Public law --- Allegiance --- Civics --- Domicile --- Political rights --- Grondwettelijke rechten en vrijheden. Fundamentele rechten--Europa --- Law and legislation --- -Grondwettelijke rechten en vrijheden. Fundamentele rechten--Europa --- 342.7 <4> Grondwettelijke rechten en vrijheden. Fundamentele rechten--Europa --- Great Britain --- Citizenship - Great Britain.
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