EU Citizenship at the Edges of Freedom of Movement

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This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EUs Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.

Reviews

Of great value to scholars of EU citizenship of all levels, especially those seeking to make heads and tails of the recent citizenship jurisprudence. The careful analysis of years of history helps to contextualise the eventual conclusion of [EU citizenship] being a two-tiered concept based on the idea that the statusand indeed, citizens themselvesmay find themselves at the edges of free movement and therefore in a legal space difficult to overcome. -- Adrienne Yong, City, University of London * European Law Review *
Overall, Hyltn-Cavallius' book is suggested for getting a concise and thorough overview of the jurisprudence of the Court on EU citizenship. It provides the reader with all the relevant legal material on the matter and sets the basis for further reflection on the EU citizenship concept. -- Alezini Loxa, Lund University * Nordic Journal of European Law *

Author Bio

Katarina Hyltn-Cavallius is Assistant Professor of EU Law, Aarhus University.