The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Who determines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a 'third State')? What is the position of EU citizens who move to one Member State, and then return to their home Member State? This book provides a comprehensive commentary of the EU's Citizens' Directive tracing the evolution of the Directive's provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive's constituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case-law of the Court of Justice as well as of related measures impacting upon the Directive's interpretation including European Commission reports and guidelines on the Directive's implementation. The authors have drawn on their combined experience in academia, practice and the EU institutions to provide an engaging and critical account of the Citizenship Directive, approaching it directly from an EU law perspective.

The EU Citizenship Directive: A Commentary

Peers, Steve

Guild, Elspeth

Tomkin, Jonathan

Foreign & International Law

Oxford University Press

The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Who determines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a 'third State')? What is the position of EU citizens who move to one Member State, and then return to their home Member State? This book provides a comprehensive commentary of the EU's Citizens' Directive tracing the evolution of the Directive's provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive's constituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case-law of the Court of Justice as well as of related measures impacting upon the Directive's interpretation including European Commission reports and guidelines on the Directive's implementation. This fully-updated new edition includes dscussion of relevant case law since the first edition, and has been expanded to include detailed discussion of rights of EU and UK citizens after Brexit in the withdrawal agreement.

Administrative Law

The 21st century has brought new and challenging dimensions to ourunderstanding of security and migration. The old Cold War frameworkof security as related to war and peace, international relationsand foreign affairs has given way to a multiplicity of competingnotions, including internal security, human security and evensocial security. At the same time, migration has become a hotlycontested issue, characterised by an enormous difference of viewsand objectives. So what do we mean by security and migration in the contemporaryworld? How do these two important fields intersect? And what doesthis collision of policy concerns and public interests mean forstates and individuals alike? In this cutting-edge book, ElspethGuild seeks to answer these pressing questions, drawing on a widerange of recent examples from the impact of asylum seekers on stateborder security to identity security in citizenship rules toillustrate her arguments. By approaching the topic from theperspective of the individual – citizen of one state, migrantin another – the book examines key aspects of thesecurity-migration nexus, such as the relationship with refugees;torture; extraordinary rendition; privacy and the retention ofpersonal data; and human rights’ protection. The first volume in Polity’s new ‘Dimensions ofSecurity’ series, this book is a must-read for all studentsof international politics, development studies and related fields.

Security and Migration in the 21st Century (Dimensions of Security)

Politics & Social Sciences

Social Sciences

Polity

The 21st century has brought new and challenging dimensions to our understanding of security and migration. The old Cold War framework of security as related to war and peace, international relations and foreign affairs has given way to a multiplicity of competing notions, including internal security, human security and even social security. At the same time, migration has become a hotly contested issue, characterised by an enormous difference of views and objectives. So what do we mean by security and migration in the contemporary world? How do these two important fields intersect? And what does this collision of policy concerns and public interests mean for states and individuals alike? In this cutting-edge book, Elspeth Guild seeks to answer these pressing questions, drawing on a wide range of recent examples from the impact of asylum seekers on state border security to identity security in citizenship rules to illustrate her arguments. By approaching the topic from the perspective of the individual – citizen of one state, migrant in another – the book examines key aspects of the security-migration nexus, such as the relationship with refugees; torture; extraordinary rendition; privacy and the retention of personal data; and human rights’ protection. The first volume in Polity’s new ‘Dimensions of Security’ series, this book is a must-read for all students of international politics, development studies and related fields.

Security and Migration in the 21st Century

Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

Controlling Frontiers: Free Movement Into and Within Europe

Routledge

Both in Europe and around the world, 2017 has been another difficult year for the protection of human rights. Split into its customary four parts, the tenth volume of the European Yearbook on Human Rights brings together renowned scholars to analyse some of the most pressing and topical human rights issues being faced in Europe today.

European Yearbook on Human Rights 2018

Leone, Jacopo

Davies, Gareth

Dzehtsiarou, Kanstantsin

Stoyanova, Vladislava

Glas, Lize

Fontanelli, Filippo

Rathgeber, Theodor

Mayrhofer, Monika

Szklanna, Agnieszka

Folz, Hans-Peter

Stankovic, Alma

Portaru, Adina

Reichel, David

Leluup, Mathieu

Elion, Claudia

Froehly, Jean

Fischer, Gregor

Coninck, Joyce

Pruessing, Johanna

Sapiezynska, Ewa

Strohal, Christian

Kieber, Stefan

Duhaâ, Mathilde

Wyrzykowski, Miroslaw

Coquelet, Danaé

Heel, Ajla

Parenting & Relationships

Intersentia

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and examine the goal of the EU as an area of freedom, security, and justice. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security, and justice accessible to all' are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, along with increasingly strict border securitization and surveillance, overshadowed the freedom of the migrant to seek legitimate entry or residence, a secure refuge from persecution, and effective access to justice? EU Immigration and Asylum Law and Policy critically examines the challenges that will arise in the future.

Whose Freedom, Security and Justice?: EU Immigration and Asylum Law and Policy (Essays in European Law)

Toner, Helen

Baldaccini, Anneliese

Hart Publishing

The humanitarian refugee crisis in Europe of 2015-2016 has revealed several unfinished elements and shortcomings in current EU policies and approaches to migration, asylum and borders, particularly those applying in southern EU maritime borders and frontier states in the Mediterranean. This book provides a critical examination of the main issues and lessons learned from this crisis and gives an up-to-date assessment of the main policy, legal and institutional responses that have been put in place at the EU level. It further examines the extent to which these responses can be expected to work under the current system of sharing responsibilities among EU member states in assessing asylum applications and ensuring a consistent implementation of EU legal standards that comply with the rule of law and fundamental rights. This report is based on original research and draws upon the existing literature, along with the discussions of a CEPS Task Force that met over six months, The rapporteurs offer specific recommendations and possible scenarios for policy optimisation and assess the extent to which the establishment of a European Border and Asylum Service (EBAS) could address the current gaps and challenges in EU and member states’ migration policies.

The European Border and Coast Guard: Addressing Migration and Asylum Challenges in the Mediterranean? (Ceps Task Force Report)

Gros, Daniel

Carrera, Sergio

BLOCKMANS, STEVEN

Cassarino, Jean-Pierre

Centre for European Policy Studies

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