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Citizenship in the European Union
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Citizenship in the European Union

Constitutionalism, Rights and Norms

9781839103162 Edward Elgar Publishing
Anne Wesemann, PhD, Head of Department and Senior Lecturer in Law, The Open University Law School, UK
Publication Date: 2020 ISBN: 978 1 83910 316 2 Extent: 192 pp
The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.

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Contents
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Exploring the notion that norms are often seen as static structures governing society, politics and legislation, this thought-provoking book offers insights into Robert Alexy’s theory of constitutional rights and the range in rigidity of two norm categories: rules and principles. Arguing that constitutional pluralism and the differentiation between norms is also present in EU law, Anne Wesemann asserts that EU Citizenship is a principle and thus a constitutional rights norm.

Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the court’s approach to decision making, which mirrors the balancing and weighing of conflicting principles. Wesemann proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms in EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism.

Citizenship in the European Union will be a key resource for scholars and students of constitutional law and politics. Its contribution to the discourse around judicial activism and politicisation will also be essential reading for those studying the workings of the CJEU.
Critical Acclaim
‘Although the topic of European citizenship has been much discussed in academic literature and beyond for decades, Anne Wesemann manages to offer a highly original analysis of this legal status in this book. Not only is it strongly theoretically grounded on European continental legal theory, but it also offers us a new lens through which we can understand the journey of the Court of Justice of the EU on this matter. A must-read for everyone interested in EU citizenship.’
– Nuno Ferreira, University of Sussex, UK

‘Anne Wesemann offers a welcome addition to EU theoretical analysis that draws upon Alexy’s concept of principles as constitutional rights norms. Extrapolating Alexy’s German model to the transnational setting, she develops citizenship as a structural norm operating as a balancing principle that requires the Court of Justice to grasp “the art of the possible”. Her insightful reappraisal of key judgments defends the Court against charges of undue activism and instead re-interprets its stance on citizenship as legitimate constitutional evolution.’
– Malcolm Ross, University of Sussex, UK
Contents
Contents: 1. Introduction 2. Constitutional Rights Theory 3. European (Pluralist) Constitutionalism 4. Citizenship 5. The Court Of Justice As Constitutional Court 6. European Union Citizenship As Constitutional Right 7. Conclusion Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 83910 317 9
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