Legal Elements Of European Identity

Overview

The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity-that is, the rights to entry, residence, work, family life, and protection from expulsion-through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, ...

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Overview

The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity-that is, the rights to entry, residence, work, family life, and protection from expulsion-through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas.

In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed:

  • the right to move across borders;
  • the limitations of citizenship of the Union as currently construed;
  • social benefits of citizenship;
  • residence;
  • immigration;
  • family reunification;
  • human rights of foreigners;
  • asylum;
  • expulsion and readmission;
  • racial discrimination; and
  • long-resident third-country nationals.

The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions.

This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.

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Product Details

  • ISBN-13: 9789041123046
  • Publisher: Kluwer Law International, BV
  • Publication date: 9/1/2004
  • Series: European Law Library Series
  • Pages: 284
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.60 (d)

Table of Contents

Introduction : identity and the individual in Europe 1
Ch. 1 Borders and citizenship 19
Ch. 2 Citizenship of the Union 35
Ch. 3 Equality and citizenship 51
Ch. 4 The residence/citizenship nexus 68
Ch. 5 From immigrants to citizens in the European Union : expulsion and exclusion 82
Ch. 6 Family migration in EU law 95
Ch. 7 Identity beyond citizenship : the European convention on human rights 125
Ch. 8 EU identity? : the third country agreements 148
Ch. 9 Bringing immigration and asylum into the EC Treaty 166
Ch. 10 Identity in the EU neighbourhood 195
Ch. 11 Racial discrimination and EU identity 201
Ch. 12 Integration and identity : long resident third country nationals 215
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