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Peter Stone

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.
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EU Public Procurement Law

Second Edition

Christopher H. Bovis

In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States.
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Dora Kostakopoulou

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Dora Kostakopoulou

The monograph contains a panoramic account of EU citizenship by bringing together the original choices and legal framework, its evolution, constitutionalisation and rights’ revolution, its complex interweaving with national citizenship and national politics as well as the challenges it faces in the light of the United Kingdom’s exit from the EU. It acknowledges the present ‘wind of (nationalist) doctrine’ , but it also highlights the enduring qualities and appeal of EU citizenship. It endeavours to capture both the flexibility and fluidity of the process of building a European polity and connecting and empowering people by looking beyond counter-moves and trends. Hence, the chosen title EU Citizenship Law and Policy.

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Dora Kostakopoulou

Despite pessimistic assessments, European Union citizenship has matured as an institution, owing to a number of important interventions by the European Court of Justice and legislative initiatives, such as the so-called Citizenship Directive (Dir 2004/38), which entered into force in 2006. In an attempt to capture the evolution of Union citizenship, in this chapter, I combine law and politics. My legal lens is centred on the development of European citizenship, that is, the process by which it has acquired specificity, substance and increasing complexity. The political lens focuses on the relationship between European, national and cosmopolitan forms of citizenship. I contend that by focusing explicitly on European Union citizenship in its context, that is, within an existing framework of nested and interacting citizenships fashioned at various levels of governance, we can appreciate fully the distinctiveness, radicalism and impact of European citizenship, which are far more extensive than portrayed by the literature.

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Dora Kostakopoulou

European Union citizenship is, and must continue to be, experimental. It embodies no well-tested formula and has no ultimate finalité. It has promoted multifarious associational bonds beyond nation-states and by so doing has often collided with national laws. But collisions and frictions have not foiled its progressive development over the last 20 years; it has progressed as an institution, has enriched the life horizons of EU citizens and triggered institutional changes in national citizenship laws and policies, the Member States and the Union itself. While the effects of austerity programmes throughout Europe, namely shrinking welfare budgets and the concomitant increase in poverty and homelessness in several Member States, might dampen citizens’ expectations for its further development, this unsettled and transitional phase also invites political actors to consider seriously the development of its social dimension. Free movement and equal treatment (the civil dimension), political participation (the political dimension) and social protection (the social dimension) all are important for the development of the self and the adequate institutional functioning of EU citizenship. One cannot promote one dimension and restrict, or overlook, the others for they are implicated and interact with one another.

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Dora Kostakopoulou

Contradictory processes of inclusion and greater equalisation coexist with exclusionary processes, and these would have to be taken into account, and be fully addressed, by perspectives on EU citizenship’s present as well as future. Probing into the not-so-clearly visible edges of EU citizenship, that is, the moments when EU citizens are treated as aliens or foreigners, and the troublesome ambiguities, tensions and limitations surrounding them, reveals the gaps in the protection of EU citizens and the constraints that stand in the way of change in the institutional scheme of things. I use three case studies addressing the ‘edgelands’ of EU citizenship, namely the power of determination of nationality, the power of expulsion of ‘undesirable foreigners’ and the adoption of all those measures necessary to protect their publics from acts of international terrorism. This discussion reveals how easy it is for the EU citizen status to be shaken off and thus to become devoid of significance as national sovereignty and state power reassert themselves, thereby turning EU citizens into foreigners.

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Dora Kostakopoulou

The external face of EU citizenship has been built progressively over a number of years. Council Directive 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries was finally adopted on 20 April 2015 following protracted negotiations. The chapter traces the birth and evolution of this citizenship right, which culminated in the adoption of Directive 2015/637. Consular protection of unrepresented citizens of the Union under the same conditions as nationals is a ‘fundamental right’ and ‘an expression of European solidarity’, but more needs to be done to strengthen the identity of the Union in third countries.

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Dora Kostakopoulou

EU citizenship and fundamental rights are contextually related, that is, situated within the emergence of a political European Union, but they are also normatively connected. In addition, the increased significance of one institution is conditioned by the increased significance of the other. Fundamental rights could thus be relied upon to affirm citizenship rights that have been violated when, for example, the Member States deny the family reunion of Union citizens by imposing requirements which are not present in the provisions of Directive 2004/38, and to strengthen citizens’ rights by limiting the discretion of the Member States when they derogate from free movement and EU citizenship. As regards the latter, fundamental rights provide additional layers of protection against the expulsion of EU citizens. Deepening and increasing the interconnections between the Charter of Fundamental Rights and EU Citizenship create more opportunities for the enrichment of both institutions.

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Dora Kostakopoulou

In this chapter, I examine various citizenship templates following the activation of Article 50 TEU by the United Kingdom in 2017. By combining top-down and bottom-up perspectives, that is, ‘how institutions think’ or ‘seeing like a state’ as well as citizens’ views and vision, I discuss possible policy options concerning the status of EU citizens affected by Brexit and differentiated citizenship arrangements (a scala civium) and argue that there is room for institutional innovation in the domain of citizenship. I present, and defend, the proposal for a special EU protected citizen status for both EU citizens living in the UK and UK nationals living in other Member States while the final section contains the concluding remarks.