Strumia, F. (2020) Supranational citizenship's enablers. Free movement from the perspective of home Member States. European Law Review, 45 (4). pp. 507-525. ISSN 0307-5400
Abstract
In a quarter-century of judicial scrutiny and scholarly debate, the relation between Union citizenship and the right to free movement has mostly been considered from the perspective of host Member States and their obligations. The role of home Member States has remained marginal and only been considered in conjunction with a restricted set of situations. This article presents the perspective of home Member States. Through a systematic analysis of the relevant case law, it distinguishes between three sets of obligations of home Member States in the context of the right to free movement: facilitation, guarantee and non-deprivation obligations. These obligations substantiate a key role of home Member States that finds only formal definition in the Treaties: home Member States are the very enablers of supranational citizenship and, in doing so, they transform and upgrade national citizenship. This upgrade points to alternative explanations for the “return to the national” that part of the literature equates with the supranational citizenship’s failure. It also yields a novel perspective on two unsolved problems in the relation between citizenship and free movement, namely the source of transnational solidarity, and the place of non-mobile citizens.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2020 Thomson Reuters. This is an author-produced version of a paper subsequently published in European Law Review. This version is distributed under the terms of the Creative Commons Attribution-NonCommercial Licence (http://creativecommons.org/licenses/by-nc/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. You may not use the material for commercial purposes. |
Keywords: | European Citizenship; Right to Free Movement; Transnational Solidarity; Static Citizens; Supranational Citizenship; Right to Leave; Home Member States; Transnational Stakeholders |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 27 Apr 2020 13:23 |
Last Modified: | 01 Aug 2021 00:38 |
Published Version: | http://www.sweetandmaxwell.co.uk/Catalogue/Product... |
Status: | Published |
Publisher: | Sweet and Maxwell |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:159914 |
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Filename: Strumia Home Member States as Enablers FINAL accepted April 2020.pdf
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