IDEAS home Printed from https://ideas.repec.org/p/osf/socarx/5nxb4.html
   My bibliography  Save this paper

Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship. Working Paper. Legal Studies Research Paper No. 2013-18, University of Warwick

Author

Listed:
  • Ferreira, Nuno

    (University of Sussex)

  • Kostakopoulou, Dora

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.

Suggested Citation

  • Ferreira, Nuno & Kostakopoulou, Dora, 2018. "Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship. Working Paper. Legal Studies Research Paper No. 2013-18, University of Warwick," SocArXiv 5nxb4, Center for Open Science.
  • Handle: RePEc:osf:socarx:5nxb4
    DOI: 10.31219/osf.io/5nxb4
    as

    Download full text from publisher

    File URL: https://osf.io/download/5bc5ed7753cec40019ad5a89/
    Download Restriction: no

    File URL: https://libkey.io/10.31219/osf.io/5nxb4?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:osf:socarx:5nxb4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: OSF (email available below). General contact details of provider: https://arabixiv.org .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.