Illegally Staying in the EU – An Analysis of Illegality in EU Migration Law
In this book, Benedita Menezes Queiroz (EUI / Lisbon Centre for Research in Public Law) provides a conceptual analysis of the illegality of a third-country national’s stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. More info here.
Questioning EU Citizenship – Judges and the Limits of Free Movement and Solidarity in the EU
This edited volume addresses citizenship in EU law. It pays particular attention to the Court of Justice, offering analytical readings of the key cases. The volume also examines those political, social and normative factors which influence the evolution of citizens’ rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions are explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship. For more info, check this link.
Unity in Adversity – EU citizenship, Social Justice and the Cautionary Tale of the UK
Charlotte O’Brien (University of York) has published her book Unity in Adversity – EU citizenship, Social Justice and the Cautionary Tale of the UK. In her work, she argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. The book is the result of working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. More info can be found here.