Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship

Kostakopoulou-Dochery, Dora and Ferreira, Nuno (2014) Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship. Columbia Journal of European Law, 20 (3). pp. 167-191. ISSN 1076-6715

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Abstract

European Union law has curtailed the traditional discretion Member States have in ordering non-nationals to leave their territory. Although Directive 2004/28 (the Citizenship Directive) has enhanced the system of protection afforded to offending European Union citizens, it still contains a number of cracks that lead to policy incoherence and gaps in rights protection. This is evident in the first rulings on Article 28(3) of Directive 2004/38 concerning the deportation of offending EU citizens. These issues also threaten to transform European Union citizenship from a fundamental status into a thin overlay that, under pressure from national executive power, loses its effect and significance. To be sure, EU citizenship has demonstrated that community belonging does not have to be based on organic-national qualities, cultural commonalities, or individuals' conformity to national values, but the continued deportation of long-term resident Union citizens makes nationality the ultimate determinant of belonging. The subsequent discussion suggests possible remedies and makes recommendations for institutional reform.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0201 Jurisprudence. Philosophy and theory of law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K3154 Constitutional law
K Law > KJ Europe
Depositing User: Nuno Ferreira
Date Deposited: 12 Sep 2016 14:47
Last Modified: 13 Mar 2017 11:39
URI: http://sro.sussex.ac.uk/id/eprint/63225

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