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EU Citizenship Directive: A Commentary [Kõva köide]

(Jean Monnet Professor of Law, Professor of Law, Partner, Radboud University, Queen Mary University of London, Kingsley Napley Solicitors), (Member of the Legal Service, European Commission), (Professor of Law, University of Essex)
  • Formaat: Hardback, 368 pages, kõrgus x laius x paksus: 254x177x27 mm, kaal: 780 g
  • Ilmumisaeg: 16-Jan-2014
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198705239
  • ISBN-13: 9780198705239
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  • Formaat: Hardback, 368 pages, kõrgus x laius x paksus: 254x177x27 mm, kaal: 780 g
  • Ilmumisaeg: 16-Jan-2014
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198705239
  • ISBN-13: 9780198705239
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.
Table of Cases xi
Table of Legislation xvii
List of Abbreviations xxiii
Introduction 1(18)
1 General Provisions 19(68)
A Function
19(1)
B Historical development
19(1)
C Interrelationship of Articles 1-3 with other provisions
20(1)
D Other relevant rules
21(1)
E Analysis-Article by Article
21(62)
F Evaluation
83(4)
2 Right of Exit and Entry 87(22)
A Function
87(1)
B Historical development
87(4)
C Interrelationship of Articles 4 and 5 with other provisions of the Directive
91(1)
D Other relevant norms
92(4)
E Analysis
96(12)
F Evaluation
108(1)
3 Right of Residence 109(68)
A Function
109(2)
B Historical development
111(8)
C Interrelationship of Articles 6-15 with other provisions
119(1)
D Other relevant norms
120(2)
E Analysis
122(54)
F Evaluation
176(1)
4 Right of Permanent Residence 177(42)
Section I Eligibility
177(37)
A Function
177(2)
B Historical development
179(5)
C Interrelationship of Articles 16-18 with other provisions
184(1)
D Other relevant EU law rules
185(1)
E Analysis-Article 16
186(17)
F Evaluation-Article 16
203(11)
G Evaluation-Articles 17 and 18
214(1)
Section II Administrative Formalities
214(5)
A Function
214(1)
B Historical development
215(1)
C Interrelationship of Articles 19-21 with other provisions
215(1)
D Other relevant EU law rules
215(1)
E Analysis
215(3)
F Evaluation-Articles 19-21
218(1)
5 Provisions Common to the Right of Residence and the Right of Permanent Residence 219(26)
A Function
219(1)
B Historical development
219(9)
C Interrelationship of Articles 22-26
228(1)
D Other relevant norms
229(2)
E Analysis
231(13)
F Evaluation
244(1)
6 Restrictions on the Right of Entry and the Right of Residence on Grounds of Public Policy, Public Security, or Public Health 245(50)
A Function-Articles 27-29
245(3)
B Historical development
248(1)
C Interrelationship of Articles 27-33 with other provisions
249(1)
D Other relevant international law rules
249(1)
E Analysis-Article 27
250(13)
F Evaluation-Article 27
263(1)
G Analysis-Article 28
264(12)
H Evaluation-Article 28
276(2)
I Analysis-Article 29
278(2)
J Function-Articles 30-33
280(1)
K Historical development
281(1)
L Interrelationship of Articles 30-33 with other provisions
282(1)
M Analysis-Article 30
283(3)
N Analysis-Article 31
286(3)
O Analysis-Article 32
289(2)
P Analysis-Article 33
291(2)
Q Evaluation
293(2)
7 Final Provisions 295(16)
A Function
295(1)
B Historical development
295(1)
C Interrelationship of Articles 34-42 with other provisions
296(1)
D Other relevant EU law rules
296(1)
E Analysis
297(13)
F Evaluation
310(1)
Appendix 311(18)
Bibliography 329(4)
Index 333
Steve Peers is Professor of Law at the Law School of the University of Essex. He is a specialist in EU law, including EU free movement and immigration law, on which he has written extensively. He is the co-editor of Commentary on the Charter of Fundamental Rights of the European Union (publication forthcoming) and of two editions of EU Immigration and Asylum law: Text and Commentary, and is also the author of three editions of EU and Justice and Home Affairs Law. He is also a consultant for EU institutions and NGOs in this field.

Elspeth Guild is Jean Monnet Professor of law at the Radboud University, Nijmegen Netherlands and Professor of law at Queen Mary University of London. She is also Partner at the London law firm Kingsley Napley. She has written and taught widely on EU immigration and asylum issues. She is also a Senior Research Fellow at the Brussels based think tank the Centre for European Policy Studies.



Jonathan Tomkin is a Member of the Legal Service of the European Commission. He is a qualified Barrister, former Référendaire (Legal Secretary) at the Court of Justice of the European Union and past Director of the Irish Centre for European Law, Trinity College, Dublin. He has written and lectured extensively in the field of Union citizenship, Immigration and Asylum law and has appeared regularly before national and European Courts in cases concerning the exercise of EU free movement rights and access to international protection.