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Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship. Working Paper. Legal Studies Research Paper No. 2013-18, University of Warwick
- Publication Year :
- 2018
-
Abstract
- European Union law has curtailed the traditional discretion Member States have in ordering non-nationals to leave their territory. Although Directive 2004/28 (the Citizenship Directive) has enhanced the system of protection afforded to offending European Union citizens, it still contains a number of cracks that lead to policy incoherence and gaps in rights protection. This is evident in the first rulings on Article 28(3) of Directive 2004/38 concerning the deportation of offending EU citizens. These issues also threaten to transform European Union citizenship from a fundamental status into a thin overlay that, under pressure from national executive power, loses its effect and significance. To be sure, EU citizenship has demonstrated that community belonging does not have to be based on organic-national qualities, cultural commonalities, or individuals' conformity to national values, but the continued deportation of long-term resident Union citizens makes nationality the ultimate determinant of belonging. The subsequent discussion suggests possible remedies and makes recommendations for institutional reform.
- Subjects :
- bepress|Law|Law and Society
Jurisprudence
media_common.quotation_subject
Public policy
bepress|Law|Human Rights Law
SocArXiv|Law|Social Welfare Law
Public administration
SocArXiv|Law|Labor and Employment Law
bepress|Law|Civil Rights and Discrimination
bepress|Law
SocArXiv|Law|Human Rights Law
SocArXiv|Law|Civil Rights and Discrimination
bepress|Law|Labor and Employment Law
SocArXiv|Law|Law and Society
Political science
bepress|Law|Social Welfare Law
bepress|Law|European Law
SocArXiv|Law|European Law
Public security
SocArXiv|Law
media_common.cataloged_instance
European union
Citizenship
media_common
Subjects
Details
- Database :
- OpenAIRE
- Accession number :
- edsair.doi.dedup.....cca1a292229d9d14d34a5393175c4b38