The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.

This book provides a critique of the way in which European citizenship is imagined and practiced. Setting their analysis in its full historical context, the authors challenge preconceived ideas about European citizenship on the basis of a detailed reconstruction of political, social and economic practice. In particular, they show the extent to which the elimination of formal internal borders within Europe has come hand in glove with the emergence of new socio-economic boundaries and the hardening of external borders. The book concludes with a number of concrete proposals to forge a genuinely post-national form of membership.

Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

EU citizenship law is revealed to have been a tragedy thirty years in the making in the era of Brexit.

Introduction : the judicial deconstruction of Union citizenship / Daniel Thym -- Extending citizenship rights and losing it all : brexit and the perils of "over-constitutionalisation" / Susanne K Schmidt -- The citizenship of personal circumstances in Europe / Dimitry Kochenov -- (De)Constructing the road to brexit : paving the way to further limitations on free movement and equal treatment? / Stephanie Reynolds -- Why did the citizenship jurisprudence change? / Urška Šadl and Suvi Sankari -- The evolution of citizens : rights in light of the European Union's constitutional development / Daniel Thym -- The engine of "europeanness" : free movement, social transnationalism and European identification / Ettore Recchi -- European citizenship and transnational rights : chronicles of a troubled narrative / Francesca Strumia -- Consolidating union citizenship : residence and solidarity rights for jobseekers and the economically inactive in the post-Dano era / Ferdinand Wollenschläger -- Back to the roots : no access to social assistance for Union citizens who are economically inactive / Paul Minderhoud and Sandra Mantu -- Integrating Union citizenship and the Charter of Fundamental Rights / Niamh Nic Shuibhne -- The constitutional status of foreigners and European Union citizens : loopholes and interactions in the scope of application of fundamental rights / Sara Iglesias Sánchez -- The integration exception : a new limit to social rights of third-country nationals in European Union law? / Karin De Vries -- Membership without naturalisation? : the limits of European Court of Human Rights case law on residence security and equal treatment / Clíodhna Murphy -- Conclusion : the non-simultaneous evolution of citizens' rights / Dora Kostakopoulou and Daniel Thym