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  • Metock: free movement and “normal family life” in the Union

    13 November 2013

    This article examines the ECJ’s ruling, following an exceptional accelerated procedure, in Case C–127/08 Metock, of 25 July 2008. The article praises the Court’s boldness in abandoning the “prior lawful residence” requirement for residence rights of third–country national (TCN) family members of migrant EU Citizens, explicitly overruling Akrich on this issue. Its reasoning is bold, yet economical, grounded in the 2004 Citizenship Directive and right to free movement of EU citizens. However, the article is critical of the failure to publish the Opinion of AG Maduro and the sparse reasoning in the case. The ECJ’s fundamental rights reticence is particularly striking, in particular as its conception of the residence rights inherent in “normal family life” diverges from the analogous protections under Article 8 ECHR. Although Metock was an easy transborder case concerning migrant EU citizens resident in another EU Member State, the article also argues that the denial of the EC dimension to the family reunification claims of static EU citizens against their home Member States is increasingly untenable.

  • The Bosphorus ruling of the European Court of Human Rights: fundamental rights and blurred boundaries in Europe

    13 November 2013

    The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use and scope of the doctrine of ‘equivalent protection’ to determine State responsibility. The doctrine as outlined in Bosphorus is applied to some likely scenarios involving EU action and its relative merits and disadvantages are discussed. The article also briefly addresses the further global implications of the judgment, namely for the legal accountability of the UN Security Council and the ongoing issue of responsibility of international organisations under international law.

  • The rights of non-citizens to membership

    20 November 2013

    Book description: Statelessness in the European Union draws together original research from over one hundred interviews in Estonia, France, Slovenia and the United Kingdom to provide one of the first comparative accounts of the de facto or de jure stateless populations in the European Union. It blends legal, political and empirical research to examine how non-citizens without secure status, in some cases established undocumented migrants and their descendants, manage their lives in four European Union member states. Normative and legal analyses of the practical meaning of basic human rights are combined with a groundbreaking investigation of the obstacles that prevent people from accessing essential services. Contrasting the situation of Europe's stateless now with that examined by Arendt over fifty years ago, it considers proposals for the future security of Europe's stateless people.

  • Citizenship, deportation and the boundaries of belonging

    20 November 2013

    Taking the growing use of deportation by many states, including the UK and the USA, as its point of departure, this article examines the implications of deportation for how citizenship is understood and conceptualised in liberal states. We follow scholars such as Walters (2002, Citizenship studies, 6 (2), 265–292) and Nicholas De Genova (2010, The deportation regime: sovereignty, space and freedom of movement. Durham, NC: Duke University Press, 33–65) in seeing deportation as a practice that is ‘constitutive of citizenship’, one that reaffirms the formal and normative boundaries of membership in an international system of nominally independent states. However, we draw on the UK to show that, as a particularly definitive and symbolically resonant way of dividing citizens from (putative) strangers, deportation is liable to generate conflicts amongst citizens and between citizens and the state over the question of who is part of the normative community of members. Such conflict is, we show, a key and everyday feature of the many local anti-deportation campaigns that currently operate in support of individuals and families facing expulsion in liberal states. Although often used by governmental elites as a way to reaffirm the shared significance of citizenship, deportation, we suggest, may serve to highlight just how divided and confused modern societies are in how they conceptualise both who is a member and who has the right to judge who belongs.

  • Special Issue: Boundaries of Belonging: Deportation and the Constitution and Contestation of Citizenship

    20 November 2013

    This special issue has its roots in an International Conference on ‘Deportation and the Development of Citizenship’ held at the University of Oxford on 11–12 December 2009. It aimed to examine deportation as a mechanism of both immigration and social control, and to explore the ways in which the rise of deportation reflects and generates changes in conceptions of membership in liberal states. The conference brought together scholars from a range of disciplines, from classics to criminology, as well as activists and policymakers. The levels of engagement and interaction of conference participants indicated that this is a subject that benefits from multiple perspectives and interdisciplinarity.

  • Introduction: Boundaries of belonging: deportation and the constitution and contestation of citizenship

    20 November 2013

    This special issue has its roots in an International Conference on ‘Deportation and the Development of Citizenship’ held at the University of Oxford on 11–12 December 2009. It aimed to examine deportation as a mechanism of both immigration and social control, and to explore the ways in which the rise of deportation reflects and generates changes in conceptions of membership in liberal states. The conference brought together scholars from a range of disciplines, from classics to criminology, as well as activists and policymakers. The levels of engagement and interaction of conference participants indicated that this is a subject that benefits from multiple perspectives and interdisciplinarity.

  • ‘A very transcendental power’: denaturalisation and the liberalisation of citizenship in the United Kingdom

    20 November 2013

    The right to strip citizenship from (denaturalise) those deemed disloyal or dangerous is a significant but largely unexamined power held by some liberal states. Since 2002, the British government has, in response to concerns about terrorism and value of citizenship, expanded its power to denaturalise certain categories of citizens, including those born in the UK. This development seems odd in the light of academic literature that has described a recent trend in Europe towards the increasing ‘liberalisation’ of citizenship. Writing on the subject of citizenship acquisition, scholars have pointed to a range of changes that curtail the state's ability to withhold citizenship from resident non-citizens. In this article, I draw upon parliamentary debates, archived documents, government reports and secondary literature, to chart the historical development of denaturalisation power in the UK and consider the extent to which it has been shaped by liberal principles. This history indicates that denaturalisation had indeed undergone a process of liberalisation before the Labour government partly reversed its direction after 2002. Yet it also shows that liberal principles, far from simply curtailing the state's powers to strip citizenship, have been deeply implicated in recent and historical attempts to expand denaturalisation power by British governments.

  • Deportation, crime, and the changing character of membership in the United Kingdom

    20 November 2013

    Book description: The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control.

  • Refugee camps and cities in conversation

    20 November 2013

    Book description: Rescripting Religion in the City explores the role of faith and religious practices as strategies for understanding and negotiating the migratory experience. Leading international scholars draw on case studies of urban settings in the global north and south. Presenting a nuanced understanding of the religious identities of migrants within the 'modern metropolis' this book makes a significant contribution to fields as diverse as twentieth-century immigration history, the sociology of religion and migration studies, as well as historical and urban geography and practical theology.