The Rise and Decline of Fundamental Rights in EU Citizenship

(Hardback)

Available Formats

Publishing Details

Classifications

Physical Properties

Description

This book argues that there is an inherent relationship between EU fundamental rights and EU citizenship: they both have the same objective of guaranteeing protection for the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). Here, however, the author proposes that that relationship has weakened in recent years as the CJEU has entered increasingly sensitive territory in regard to the protection of citizenship rights and fundamental rights. Writing in the post UKEU referendum environment, the author argues that this decline is attributable to increasing Euroscepticism, which has worsened since the Eurozone crisis and even more so in light of Brexit, and arguments made that leaving the EU would reduce immigration. This argument is particularly important to note given the rising fears of immigration that underlie much of the dissatisfaction with the EU project: a feeling prevalent not only in the UK. The chapters 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.

Reviews

[A]n important and valuable contribution to the discussion on the EU citizenship status and its relationship with the fundamental rights in the EU. The author accurately centres the debate around the main issue: the tension between the universal character of fundamental rights and the exclusivity of EU citizenship. Yong displays expertise and precision when delineating the area of judicial controversies and doctrinal disputes. Finally, she makes a convincing prediction concerning their further course. She touches upon topical issues that concern the EUs very foundations. The book can be recommended to both scholars and students interested in law and the European integration policy. In addition, it is a valuable source of information for individuals who deal with applying EU legislation. -- Ziemowit Cieslik, Cardinal Stefan Wyszynski University, Poland * European Journal of Social Security *
[T]his book represents a valuable contribution to knowledge and a lucid account of the evolutive stages of integration with a focus on EU citizenship rights. -- Sonia Morano-Foadi, Oxford Brookes University * European Law Review *
Adrienne Yong takes a fresh look at the relationship between EU fundamental rights and EU citizenship in her monograph ... While both EU fundamental rights and EU citizenship are about protecting individuals, Yong convincingly argues that increasingly the CJEU has diluted this relationship between citizenship and rights. She examines a number of cases of the CJEU to make her argument and highlights the importance of this dissociation in the contemporary times of Brexit ... Overall the book ably demonstrates how law does not develop in isolation and has profound effects on politics. -- Devyani Prabhat, University of Bristol Law School * European Human Rights Law Review *

Author Bio

Adrienne Yong is Lecturer in Law at The City Law School, City, University of London under the Institute for the Study of European Laws (ISEL).