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Frontiers of Equality in the Development of EU and US Citizenship

  • Book
  • © 2017

Overview

Authors:
  1. Jeremy B. Bierbach

    1. Franssen Advocaten, Amsterdam, The Netherlands

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  • Provides a framework for comparing US citizenship and EU citizenship as standards of equality
  • Explains in detail the legal implications of allegiance to a sovereign in order to show why allegiance is not the most important aspect of citizenship
  • Develops its analysis chronologically, over more than 400 years, but allows the reader to open the book at any point, providing references ‘supra’ to previously reached conclusions
  • Includes supplementary material: sn.pub/extras

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-xi
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  2. Civis Duplex Sum: Two Layers of Citizenship in a Dialogue of Equality

    • Jeremy B. Bierbach
    Pages 1-14

  3. The Development of United States Citizenship

    1. Front Matter

      Pages 15-15
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    2. Subjecthood in England and the British Empire

      • Jeremy B. Bierbach
      Pages 17-66

    3. From Revolution to Constitution to Civil War: US Citizenship in Its Youth

      • Jeremy B. Bierbach
      Pages 67-108

    4. Horizontal Conflict in United States Citizenship Before the Civil War

      • Jeremy B. Bierbach
      Pages 109-152

    5. A New, Vertical Beginning for United States Citizenship

      • Jeremy B. Bierbach
      Pages 153-196

  4. The Development of European Union Citizenship

    1. Front Matter

      Pages 197-197
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    2. European Integration as a Project of the Member States

      • Jeremy B. Bierbach
      Pages 199-245

    3. The De Facto Community Citizen Emerges

      • Jeremy B. Bierbach
      Pages 247-299

    4. The Maastricht Treaty Introduces European Union Citizenship De Jure

      • Jeremy B. Bierbach
      Pages 301-345

    5. The Union Legislature Elaborates on Union Citizenship; the Court Responds

      • Jeremy B. Bierbach
      Pages 347-413

    6. O & B and S & G: The Court Clarifies the Relationship of Freedom of Movement to Union Citizenship

      • Jeremy B. Bierbach
      Pages 415-435

    7. Conclusions

      • Jeremy B. Bierbach
      Pages 437-460

  5. Back Matter

    Pages 461-474
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Keywords

About this book

This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union.


Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history.


Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.


Authors and Affiliations

  • Franssen Advocaten, Amsterdam, The Netherlands

    Jeremy B. Bierbach

Bibliographic Information

  • Book Title: Frontiers of Equality in the Development of EU and US Citizenship

  • Authors: Jeremy B. Bierbach

  • DOI: https://doi.org/10.1007/978-94-6265-165-4

  • Publisher: T.M.C. Asser Press The Hague

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: T.M.C. Asser Press and the author 2017

  • Hardcover ISBN: 978-94-6265-164-7Published: 17 February 2017

  • eBook ISBN: 978-94-6265-165-4Published: 09 February 2017

  • Edition Number: 1

  • Number of Pages: XI, 474

  • Topics: Public International Law , European Law, Constitutional Law, Migration

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