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Barnard, Catherine --- "The day the clock stopped: EU citizenship and the single market" [2017] ELECD 269; in Koutrakos, Panos; Snell, Jukka (eds), "Research Handbook on the Law of the EU’s Internal Market" (Edward Elgar Publishing, 2017) 102

Book Title: Research Handbook on the Law of the EU’s Internal Market

Editor(s): Koutrakos, Panos; Snell, Jukka

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478095

Section: Chapter 6

Section Title: The day the clock stopped: EU citizenship and the single market

Author(s): Barnard, Catherine

Number of pages: 13

Abstract/Description:

In years to come, it may be said that the clock stopped on EU citizenship in 2014 and even went into reverse in 2016. In 2014 the Court handed down its decision in Dano, a watershed moment in the evolution of EU citizenship, where the Court made clear that benefit tourists would not be tolerated in the EU. 2016 was the year of the Decision of the Heads of State or government, meeting with the European Council, concerning a New Settlement for the United Kingdom within the European Union (the UK Decision). This Decision was intended to help secure a vote for Remain in the UK referendum. The Leave vote meant that the Decision did not come into force but the Decision tells us much about the current state of thinking on citizenship. As far as the free movement ‘basket’ of the UK Decision is concerned, it confirmed the judgment in Dano, it made life more difficult for work-seekers and TCN family members, it made it somewhat easier to deport migrants, and it deprived EU migrant workers of in-work benefits for up to four years in an emergency situation and it restricted the rights to export child benefit. This is the first time that the propulsion towards integration has been stopped in its tracks. The blooms of EU citizenship have begun to wither. Back has come the homo economicus, the self-reliant, fully employed, single (male?) migrant looking to improve his condition by being engaged in an economic activity in another Member State.


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