Table of Contents

1. Introduction: on tiles and pillars: EU citizenship as a federal denominator Dimitry Kochenov; Part I. Citizenship within the EU Federal Context: 2. The origins and the potential federalising effects of the substance of rights test Martijn van den Brink; 3. Some reflections on Member State nationality: a prerequisite of EU citizenship and an obstacle to its enjoyment Maciej Szpunar and María Esther Blas López; 4. The European federalisation process and the dynamics of fundamental rights José Luís da Cruz Vilaça and Alessandra Silveira; 5. Recasting EU citizenship as federal citizenship: what are the implications for the citizen when the polity bargain is privileged? Niamh Nic Shuibhne; 6. Transfiguring European citizenship: from Member State territory to Union Territory Loïc Azoulai; 7. Earned citizenship – understanding Union citizenship through its scope Eleanor Spaventa; 8. European citizenship and its new union: time to move on? Daniel Sarmiento and Eleanor Sharpston; 9. Going home? 'European' citizenship practice twenty years after Antje Wiener; Part II. EU Citizenship Rights and the Vertical Division of Powers in the EU: 10. The political side of EU citizenship in the context of EU federalism Federico Fabbrini; 11. Reframing public health governance: from risk to citizenship and participation Mark L. Flear; 12. The federal implications of the transformation of the market freedoms into sources of fundamental rights for the Union citizen Alina Tryfonidou; 13. Perspectives on social citizenship in the EU – from status positivus to status socialis activus via two forms of transnational solidarity Dagmar Schiek; 14. A citizenship right to stay? The right not to move in a Union based on free movement Sara Iglesias Sánchez; 15. 'Scelestus europeus sum': what protection against expulsion EU citizenship offers to European offenders? Michal Meduna; 16. EU sexual citizenship: sex beyond the internal market Uładzisłaŭ Belavusaŭ; 17. EU citizenship and the European federal challenge through the prism of family reunification Stanislas Adam and Peter Van Elsuwege; 18. The right to stay at home: a basis for expanding European family rights Gareth Davies; 19. EU citizenship and the right to care Nathan Cambien; 20. Union citizenship and disability: restricted access to equality rights and the attitudinal model of disability Charlotte O'Brien; 21. Data privacy rights and citizenship: notes on federalism all the way up Bilyana Petkova; 22. The federal imbedding of citizens in the European Union Member States' criminal law, or how EU citizenship is shaping criminal law Hanneke van Eijken and Tony P. Marguery; 23. The right of EU citizens to diplomatic and consular protection: a step toward recognition of EU citizenship in third countries? Patrizia Vigni; Part III. Broader Implications and Limitations: 24. Individual rights, interstate equality, State autonomy: European horizontal citizenship and its (lonely) playground from a trans-Atlantic perspective Francesca Strumia; 25. EU citizenship and fundamental rights: contradictory, converging, or complementary? Dominik Düsterhaus; 26. Reverse Solange – Union citizenship as a detour on the route to European rights protection against national infringements Johanna Croon-Gestefeld; 27. Union citizenship re-imagined: the scope of intervention of EU institutions Jože Štrus; 28. Frontiers of EU citizenship. Three trajectories and their methodological limitations Daniel Thym; 29. EU citizenship and its relevance for EU exit and secession Phoebus L. Athanassiou and Stéphanie Laulhé Shaelou; 30. Epilogue on EU citizenship: hopes and fears Koen Lenaerts and José A. Gutiérrez-Fons.

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Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.

About the Author

Dimitry Kochenov is Professor of EU Constitutional Law at Rijksuniversiteit Groningen, The Netherlands and Visiting Professor at the College of Europe, Natolin. He has held fellowships and visiting professorships worldwide, including at Princeton University, New Jersey (Crane Fellowship in Law and Public Affairs, Woodrow Wilson School), New York University Law School (Émile Noël Fellowship), Osaka Graduate School of Law, and as Visiting Chair in Private Law at the Università degli Studi di Torino, Italy. He has advised international institutions and governments and has published widely in the areas of EU constitutional law and citizenship.

Reviews

'At a time when the European Union is in turmoil, beset by crises most recently including Brexit, a thorough and wide-ranging analysis of the current legal and political status of EU citizenship is extremely welcome. Dimitry Kochenov has assembled a superb line-up of commentators and analysts and produced a comprehensive collection of essays on all aspects of EU citizenship from a federal perspective.' Gráinne de Búrca, Florence Ellinwood Professor of Law, New York University Law School

'The contributions in this collection provide a comprehensive picture of the citizenship of the Union and its development since its creation by the Maastricht Treaty 25 years ago. It certainly will constitute a source of inspiration for everyone who is reflecting on the potential and the future of European citizenship as a fundamental status of the nationals of the Member States of the European Union.' Gerard-René de Groot, Universiteit Maastricht, Netherlands

'This brick is a construction site of EU citizenship. It is a huge Gesamtwissenschaftswerk on tiles and pillars, written by a quite select array of scholars summoned by federalist contractor Dimitry Kochenov. Union citizenship is still in scaffolding and the authors show its vulnerability and its promise in illuminating vistas. Stimulating reading for all interested in this elusive and intriguing phenomenon.' Hans Ulrich Jessurun d'Oliveira, European University Institute, Florence and Universiteit van Amsterdam

'Is European Union citizenship merely an annex to the internal market, a 'market citizenship' for a few privileged cross-border movers; or is it a free-standing citizenship, the 'fundamental status' of all Europeans, as the European Court of Justice ambitiously pronounced it a few years ago? There is no clear answer and the legal reality is twisted, as this impressive volume by leading scholars and practitioners attests. This is the single best source to consult where EU citizenship stands today.' Christian Joppke, Universität Bern, Switzerland

'Twenty-four years after the Treaty of Maastricht, the legal and political concept of European Union citizenship remains as important, and yet as contested, as it then was. Two decades of jurisprudence from the Court of Justice, at first expanding the concept and its contingent rights and then rowing back on some of its previous decisions in the field, combined with extensive changes to EU legislation on free movement and migration more generally, have led to extensive and sometimes groundbreaking studies by leading EU scholars and practitioners. Many of them contribute to this book, making it both a leading work on European Union citizenship and a timely reminder of how complex the legal issues raised by this innovative status are as free movement itself becomes a point of contention within the EU.' Síofra O'Leary, European Court of Human Rights

'This work will be a milestone in the understanding of Union citizenship as federal citizenship. Erudite and provocative, this collection of essays will be essential reading for a generation (or two!) of scholars of European integration.' Robert Schütze, University of Durham

'This collection impressively demonstrates the sheer breadth of legal domains touched by the status of EU citizenship and gives a complete overview of the current state of affairs in this field.' Mirjam Zschoche, translated from Europarecht

'EU Citizenship and Federalism is a work of art, not just because of the cover, but especially for its content. Looking through a federal lens, where does EU citizenship stand, how did it get there and where is it going? These questions are at the core of thirty contributions from noted scholars in this impressive volume. What makes this book a work of art is how it reflects not just one side of the issues, but shows numerous opposing views.' David de Groot, Common Market Law Review