Sentences with phrase «european citizenship law»

The cases are interesting for European citizenship law, as they provide further insight into what the «fundamental status» of EU citizenship entails.

Not exact matches

In addition to above points Article 20 expressly provides Member states retain their responsibility for awarding or revoking national citizenship thereby further distancing the two distinctintive identies of citizenship by locating them in different legal procedural frameworks, one belonging to that of European Treaty framework law and one belonging within national jurisdiction.

Despite the existence of a democratically elected assembly since 1979 in the form of the European Parliament, the links between this parliament and the status of Union citizenship have been ambiguous [1] with the parliament representing not a single group of Union citizens but rather the «peoples» of Europe, those peoples being defined by Member States and national law.

(3) Therefore, in the conduct of the negotiations mandated by Article 50 TEU which will presumably culminate in one of the conditions for the withdrawal of the United Kingdom being fulfilled, the government of the United Kingdom and the European Union institutions are bound by the relevant general principles of EU law to negotiate in good faith so as to find a political solution in order to fulfil insofar as possible the status and rights of those who shall be losing the status of EU citizenship

This is particularly relevant as the EFTA court has been called upon to adjudicate rights analogous to those found in primary and secondary law, but with the explicit caveat that the concept of citizenship of the European Union does not apply to nationals of EEA states.

For this, it examines the case law of the European Court of Human Rights on the one hand and the concept of EU - citizenship on the other hand.

Nevertheless, the CJEU skilfully manoeuvres around the possible guarantees included in its own case - law on European citizenship and the ones triggered by Regulation 883/2004 on social security coordination.

Other fields of interest are Internal Market, European Labour Law and Citizenship.

The time seems therefore ripe for a book like the one under review here, which is a volume of collected articles, edited by Maurice Adams, Henri de Waele, Johan Meeusen, and Gert Straetmans, fittingly entitled Judging Europe's Judges: The Legitimacy of the Case Law of the European Court of Justice (Hart Publishing 2013) examining the legitimacy of the Luxembourg Court in areas as diverse as the internal market, citizenship, or the EU's external relations.

Her work covers Investors, exceptional or complex nationality applications, economic citizenship, rights under European law and family related immigration.

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[18] Lord Mance himself (writing for a group of four judges on a seven - judge court) found it, in the context of a decision stripping a British national of citizenship (with the corollary that he would also lose the benefits of being a European Union national), «improbable that the nature, strictness or outcome of such a review would differ according to whether it was conducted under domestic principles or whether it was also required to be conducted by reference to a principle of proportionality derived from Union law».

35 By its questions, which should be examined together, the referring court essentially asks whether the provisions of European Union law on citizenship of the Union must be interpreted as precluding a Member State from refusing to grant a third country national a residence permit on the basis of family reunification where that national seeks to reside with his spouse, who is also a third country national and resides lawfully in that Member State and is the mother of a child from a previous marriage who is a Union citizen, and with the child of their own marriage, who is also a third country national.

In cases such as Pham, where citizenship was at issue, it is quite possible that an applicant will be able to claim EU - law rights (to which the doctrine of proportionality applies), Convention rights (to which proportionality also applies, subject to the additional limitation of the «margin of appreciation» at the European level and, perhaps, to a «discretionary area of judgment» domestically [2]-RRB- and the protection of the common law (certainly Wednesbury unreasonableness and, in some circumstances, the principle of legality [3]-RRB-.

(Freedom of movement for persons — Union Citizenship — Directive 2004 / 38 / EC — Right of residence for more than three months — Article 7 (1)(b)-- Person no longer having worker status — Person in possession of a retirement pension — Having sufficient resources not to become a burden on the «social assistance system» of the host Member State — Application for a special non-contributory cash benefit — Compensatory supplement intended to augment a retirement pension — Regulation (EC) No 883/2004 — Articles 3 (2) and 70 — Competence of the Member State of residence — Conditions for granting — Legal right to reside on the national territory — Compliance with European Union law)

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Whatever its extent, the claimants argue, the prerogative power can not be used to modify or remove the rights of UK citizens, in particular fundamental rights derived from citizenship or directly enforceable private law rights derived from the European Treaties.

Reference for a preliminary ruling — Citizenship of the Union — Extradition to a third State of a national of a Member State who has exercised his right to freedom of movement — Scope of EU law — Protection of a Member State's nationals against extradition — No protection for nationals of the other Member States — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19 of the Charter of Fundamental Rights of the European Union