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Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship
journal contribution
posted on 2023-06-09, 02:49 authored by Dora Kostakopoulou-Dochery, Nuno FerreiraNuno FerreiraEuropean 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.
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Publication status
- Published
File Version
- Published version
Journal
Columbia Journal of European LawISSN
1076-6715Publisher
Transnational Juris PublicationsExternal DOI
Issue
3Volume
20Page range
167-191Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2016-09-12First Compliant Deposit (FCD) Date
2016-09-12Usage metrics
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