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The 'territory of the Union' in EU citizenship law: Charting a route from parallel to integrated narratives

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Original languageEnglish
Number of pages53
JournalYearbook of European Law
Early online date22 Oct 2019
DOIs
Publication statusE-pub ahead of print - 22 Oct 2019

Abstract

This paper examines the growing significance of the ‘territory of the Union’ in EU citizenship law and asks what it reveals about Union citizenship in the wider system of the EU legal order. In doing so, it builds on scholarship constructing the idea of ‘personhood’ in EU law by adding a complementary dimension of ‘place-hood’. The analysis is premised on territory as a place within – but also beyond – which particular legal qualities are both produced by and reflect shared objectives or values. In that respect, the paper offers a comprehensive ‘map’ of Union territory as a legal construct, with the aim of uncovering what kind of legal place the territory of the Union constitutes as well as the extent to which it is dis-connectable from the territories of the Member States. It also considers how Union territory relates to what lies ‘outside’. It will be shown that different ‘narratives’ of Union territory have materialised in the case law of the Court of Justice. However, it is argued that these segregated lines of reasoning should be integrated, both to reflect and to progress a composite understanding of Union territory as a place in which concerns for Union citizens, for Member States and for the system underpinning the EU legal order are more consistently acknowledged and more openly weighed.

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