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The liminal European: subject to the EU legal order

De Witte, Floris ORCID: 0000-0001-8068-7110 (2021) The liminal European: subject to the EU legal order. Yearbook of European Law. ISSN 0263-3264 (In Press)

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Abstract

This article suggests that recent changes to EU free movement law have led to the emergence of a new type of subject: the liminal European. This subject is deemed to deserve the protection of EU law, in terms of the rights of residence and equal treatment in the host state, only when she is economically productive and socially adaptive. These changes pose a fundamental challenge to the authority of the EU, whose legal order is premised on its ability to challenge domestic processes of subjugation, exclusion and precarity, which it is now, instead, starting to perpetuate. This contribution describes the emergence of a new European. It highlights, in particular, its liminal nature: being European is increasingly a status that is both highly prescriptive and deeply precarious. Only those Europeans that are (economically) productive actors, and whose capacities and actions speak to their ability and willingness to become part of the social fabric of the host state, are seen as ‘deserving’ protection under EU law when it comes to rights to residence, equal treatment, and the protection against expulsion.

Item Type: Article
Official URL: https://academic.oup.com/yel
Additional Information: © 2021, The Author(s).
Divisions: Law
Subjects: J Political Science > JN Political institutions (Europe)
J Political Science > JZ International relations
J Political Science > JV Colonies and colonization. Emigration and immigration. International migration
Date Deposited: 02 Aug 2021 09:33
Last Modified: 10 Sep 2021 10:03
URI: http://eprints.lse.ac.uk/id/eprint/111524

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