Testing liberal norms: The Public Policy and Public Security Derogations and the Cracks in European Union Citizenship

Kostakopoulou, Dora and Ferreira, Nuno (2014) Testing liberal norms: The Public Policy and Public Security Derogations and the Cracks in European Union Citizenship Columbia Journal of European Law, 20 (3). pp. 167-191.

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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.

Item Type:	Article
Additional Information:	## TULIP Type: Articles/Papers (Journal) ##
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Depositing User:	Symplectic Admin
Date Deposited:	11 Mar 2015 15:09
Last Modified:	17 Dec 2022 01:16
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URI:	https://livrepository.liverpool.ac.uk/id/eprint/2008019
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