Testing Liberal Norms - working paper.pdf (361.85 kB)
Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship
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.
History
Publication status
- Published
File Version
- Published version
Journal
Warwick School of Law, Legal StudiesPublisher
Legal Studies Research Paper No. 2013-18External DOI
Place of publication
University of Warwick, School of LawDepartment affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2016-09-13First Open Access (FOA) Date
2016-09-13First Compliant Deposit (FCD) Date
2016-09-12Usage metrics
Categories
No categories selectedKeywords
Licence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC