Nationality, Migration Rights and Citizenship of the Union.
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Place / Publishing House: | Boston : : BRILL,, 1995. ©1995. |
Year of Publication: | 1995 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (0 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Dedication
- ABBREVIATIONS
- Table of Contents
- SELECT BIBLIOGRAPHY
- PREFACE
- CASES BEFORE THE COURT OF JUSTICE
- CASES BEFORE THE COURT OF FIRST INSTANCE
- CASES BEFORE INTERNATIONAL TRIBUNALS
- CASES BEFORE NATIONAL COURTS
- CHAPTER 1 INTRODUCTION: CITIZENSHIP AND THE UNION TREATY
- CITIZENSHIP
- THE UNION TREATY
- IMPACT OF UNION CITIZENSHIP
- CHAPTER 2 NATIONALITY AND COMMUNITY LAW
- INTRODUCTION
- DISPOSITION OF NATIONALITY: EXCLUSIVE DOMESTIC JURISDICTION
- COMMUNITY ACCEPTANCE OF MEMBER STATE DISPOSITION
- Transfer of sovereignty
- Treaty provisions
- Faroe Islanders
- Channel Islanders and Manxmen
- Overseas Countries and Territories
- Conclusion
- Obstacle to full realisation of the common market
- 'Workers' and 'nationality': Common policy considerations?
- Two Grounds of Objection
- Failure of Treaties to Define Nationality
- State Sovereignty
- SUMMARY AND CONCLUSION
- CHAPTER 3 NATIONALITY AND UNION SUPERVISION
- UNREQUESTED CONFERRAL OF NATIONALITY
- Four staff cases
- Gunnella
- Airola
- Van den Broeck
- Devred
- Staff cases not helpful?
- Forced conferral not always applied in Community law
- Duty of Solidarity and Fundamental Rights
- Micheletti
- Conditions for acquisition of nationality
- Position in international law
- Nottebohm
- Duty of solidarity
- Genuine link in Community law
- Member State nationals and the right of abode
- Summary and conclusion
- Conditions for loss of nationality
- Denationalisation and Fundamental Rights
- Community Protection of Fundamental Freedoms
- Convention on the Reduction of Statelessness
- International Covenant on Civil and Political Rights
- Convention on Racial Discrimination
- European Convention on Human Rights
- The 'Framework of Community law'
- Citizenship
- Summary and Conclusion.
- Declarations on nationality
- The Declarations
- Constitutional Charter
- Four types of Declaration
- Amendment to the Treaties?
- Integral Part of the Treaties?
- Reservation to the Treaties?
- Interpretative Aid?
- CONCLUSION
- CHAPTER 4 MATERIAL SCOPE OF CITIZENSHIP MIGRATION RIGHTS
- UNION CITIZENT'S RIGHT TO MOVE AND RESIDE
- LIMITATIONS ON UNION CITIZENS' RIGHTS
- Article 8a not an absolute right
- The three movement and residence directives
- The scope of secondary legislation adopted under Article 8a
- The movement and residence directives apply to Union citizens
- An excursion into the hinterland
- A lacuna in the Treaty?
- Protection of fundamental constitutional principles
- Public policy a fundamental constitutional principal
- A residual constitutional power?
- Johnston v Chief Constable: Residual Power Repudiated?
- Emergency Powers
- A return from the hinterland
- In search of an alternative legal basis
- Article 100a
- Article 100
- Articles 6 and 235
- There is No Alternative
- SUMMARY AND CONCLUSION
- CHAPTER 5 DIRECT EFFECT OF CITIZENSHIP MIGRATION RIGHTS
- TEXTUAL DIFFICULTIES
- THE JURISPRUDENTIAL AND PHILOSOPHICAL BASIS OF DIRECT EFFECT
- THREE TECHNICAL CRITERIA FOR DIRECT EFFECT
- First criterion: Clarity and precision
- Second criterion: Unconditional character
- Third criterion: Perfected Community standard
- Resolving the Textual Ambiguities: Language
- Resolving the textual ambiguities: Context
- CONCLUSION
- APPENDIX
- INDEX.