1,028 research outputs found
Respect for the rule of law in the case law of the European Court of Justice: a casebook overview of key judgments since the Portuguese Judges Case
In recent years, the European Court of Justice has strengthened the rule of law as a binding value within the EU. This change is the result of several landmark rulings in the period 2018 to 2021, which should be seen in the context of the decline of the rule of law in some Member States. Professors Laurent Pech and Dimitry Kochenov unveil a profound change of the EU as a constitutional system
EU Citizenship and Withdrawals from the Union: How Inevitable Is the Radical Downgrading of Rights? LEQS Discussion Paper No. 111/2016 June 2016
What are the likely consequences of Brexit for the status and rights of British citizenship? Can
the fact that every British national is an EU citizen mitigate the possible negative
consequences of the UK’s withdrawal from the EU on the plane of rights enjoyed by the
citizens of the UK? These questions are not purely hypothetical, as the referendum on June 23
can potentially mark one of the most radical losses in the value of a particular nationality in
recent history. This paper reviews the possible impact that the law and practice of EU
citizenship can have on the conduct of Brexit negotiations and surveys the possible strategies
the UK government could adopt in extending at least some EU-level rights to UK citizens
post-Brexit. The high cost of such rights at the negotiating table is discussed against the
general backdrop of the legal-historical analysis of the tradition of flexibility in citizenship
and territorial governance which clearly emerges in EU law once the post-colonial context is
considered in full. A particular emphasis is put on the possibility of negotiating post-Brexit
bilateral free-movement arrangements with select Member States: a deeply problematic
practice from the point of view of non-discrimination and the basic idea of European unity.
Aiming to address the core issues of the role of EU citizenship in the context of withdrawals
from the Union the conclusions of the paper, pointing to a quasi-inevitable overwhelming
downgrade in citizenship rights for the withdrawing state, are applicable to any withdrawal
context, not limited to the UK per se
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