Jo Shaw

• BA (Cantab); LLD (Edinburgh)
• Chair at University of Edinburgh

Taking Global Constitutionalism as an agora, a platform for international interdisciplinary discussions this article asks a question about the state we are in with regard to the international order as an order that is not just a ‘rule-based order’ but also more substantially, a ‘legal order’ based on the rule of law. The topic is illustrated with r...

Private actors and institutions, and by extension private law itself, are increasingly being forced to reckon with a multiplicity of challenges that extend beyond the domain of private law as it is traditionally conceived. They reflect threats to the global constitutional order and liberal constitutionalism, and threats to individual and collective...

This article explores the constitutional regulation of birthright ius soli citizenship in two Latin American countries which restrict access to citizenship for the children of foreigners deemed to be passing through the countries. Access to citizenship is a significant marker of membership, setting the boundaries of inclusion and exclusion within a...

In this editorial, we consider the ways in which liberal constitutionalism is challenged by and presents challenges to the climate crisis facing the world. Over recent decades, efforts to mitigate the climate crisis have generated a new set of norms for states and non-state actors, including regulatory norms (emission standards, carbon regulations)...

This article begins the task of outlining the impacts of the COVID-19 pandemic in relation to matters of citizenship, using what is termed a “syndemic analysis.” This type of analysis places both the pandemic and citizenship in their wider contexts. The synergistic or intersectional thinking encouraged by the characterization of the pandemic as a s...

The constitutionalisation of cities is analysed as a process through which urban residents operate as constitutionalising forces within their cities through lived experiences, practices and engagement, and cities try to impose themselves as constitutionalising forces within a rapidly transforming global society. This article explores the tensions g...

Decolonising global constitutionalism - Volume 9 Issue 1 - JONATHAN HAVERCROFT, JACOB EISLER, JO SHAW, ANTJE WIENER, VAL NAPOLEON

This article explores parallels between the ‘shunning’ and ‘seeking’ of membership of the EU in the context of Brexit and stalled enlargement in south-east Europe, via a focus on the partial, fragmentary and contested governance of citizenship. The case studies place Union citizenship into a wider political and socio-economic context, demonstrating...

The European Citizens’ Initiative proposing the extension of voting rights for resident non-national EU citizens to all elections in the host state is an important and timely initiative. The EU struggles with the challenges posed by the question of ‘who should vote in which election where’ because it is nestled somewhere between the ‘truly’ federal...

This essay is intended to explore the trajectory of EU citizenship, under pressure from forces inside and outside the EU. The focus of the discussion is on three issues: the autonomy of national citizenship laws in the face of EU citizenship; the citizenship consequences of Brexit; and the choices made and actions taken by individuals and groups th...

The purpose of this short intervention in the debate on The Return of Banishment initiated by Audrey Macklin, where the pros and cons of various forms of deprivation policies pursued by, or sought by, liberal states have been fully debated, is to add an element of EU law. Specifically, in the light of the judgments of the European Court of Justice...

‘Intervention’ is much too strong a word for whatever it is that the European Parliament could and should do on 15 January, when it debates the issue of EU citizenship for sale. But a first and wide-ranging reflection on some of the emerging consequences of EU citizenship for national democracies would at least be a start. 2013 was the year of the...

Cambridge Core - Socio-Legal Studies - Residence, Employment and Social Rights of Mobile Persons - edited by Herwig Verschueren

This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (ie Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analysis, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuri...

This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featurin...

On 23 June 2016, the United Kingdom voted to leave the European Union, by a rather small majority. Although much about the future relations between the EU and the UK remains uncertain, it is already possible to explore in more detail the issues of democracy, political community and citizenship which were thrown up by this referendum result. The art...

This chapter examines narratives of constitutionalism and the ebb and flow of constitutional ideas and practices within and across the European Union and its Member States from the inception of the treaties to the present day. It seeks to establish to what extent the European Union manifests a ‘constitutional’ legal and political order. It focuses...

On 23 June 2016, a referendum will be held in the United Kingdom on the question whether the UK should remain in the European Union or leave the European Union. This referendum marks the culmination point of a gradual process whereby the UK has become ever more semi-detached from the EU, and at the time of writing the result was very much in doubt,...

This article explores how Member States respond to the challenge of complying with EU law obligations, whilst remaining alert to the demands of domestic politics in the context of contentious areas of EU competence. It is argued that in the case of free movement we can see the United Kingdom drawing upon three overlapping strategies in order to tre...

This Introduction explains the origins of the project of exploring citizenship and citizenship-related issues in the framework of Europeanisation in the new states in South East Europe. It defines the terminology used in the contributions and explains the conceptual underpinnings of the project and the structure of the edited collection. Finally, t...

This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of th...

The article explores how Member States respond to the challenge of complying with EU law obligations, whilst remaining alert to the demands of domestic politics in the context in contentious areas of EU competence. The article argues that in the case of free movement we can see the United Kingdom drawing upon three overlapping strategies in order t...

In this EUDO CITIZENSHIP Forum Debate, several authors consider the interrelations between eligibility criteria for participation in independence referendum (that may result in the creation of a new independent state) and the determination of putative citizenship ab initio (on day one) of such a state. The kick-off contribution argues for resemblan...

Defining citizenship status and allocating citizenship rights would be an independent Scotland’s ‘Who Do We Think We Are?’ moment, giving concrete form to the tricky question of ‘who are the Scots?’. Determining who its citizens are would be one of the main prerogatives of a newly sovereign Scottish state. Yet the questions of citizenship status an...

This article explores the interactions between the EU rules on the free movement of persons and the institutions and legal structures of UK immigration law, by providing a case study of the implementation of EU free movement rules in the UK in relation to immigration-related questions such as first entry and residence, stability of residence and fa...

This special issue of Citizenship Studies comes out of the first phase of research conducted under the aegis of the CITSEE project (The Europeanisation of Citizenship in the Successor States of the former Yugoslavia), during which the research team concentrated on in-depth country case analyses. This introduction briefly presents the CITSEE project...

This paper considers the prospects for EU citizenship in the current EU economic and political crisis. It contrasts the neglect of the concept of EU citizenship on the part of Member States, including their willingness to trample on many aspects of the free movement principle, with the interest in EU citizenship shown by substate political actors i...

This paper presents the basic framework of the CITSEE project (the Europeanisation of Citizenship in the Successor States of the Former Yugoslavia). It covers the basic objectives, approach and methodology of the study, which develops an approach to studying citizenship through so-called ‘constitutional ethnography’. The paper explains some basic t...

This paper begins by examining the relationship between citizenship of the European Union and national citizenship, and in particular the significance of EU law for the regulation of the acquisition and loss of citizenship in EU Member States, as part of a wider enquiry into how the citizenship regimes of the seven 'successor states' of the former...

In March 2010, the Court of Justice of the European Union (CJEU or Court) handed down its judgment in the long awaited case of Rottmann. This paper explores some of the implications of this important judgment through a series of comments placed contemporaneously on the EUDO Citizenship website and a conclusion finally revised by Jo Shaw in November...

As a contribution to a collection focusing on immigration in Ireland, this paper provides the broader EU political and legal context to issues of political participation of non-citizens in domestic elections. The paper surveys both the EU electoral rights themselves, under the EU Treaties, and also the intersection between these rights and national...

Through two interwoven sections, this paper explores some empirical dimensions and theoretical challenges related to the granting of electoral rights to resident non-nationals by states and by the European Union. The objective is to develop approaches to models of membership that, in turn, enrich citizenship studies in the European Union context, o...

This paper explores the different ways in which citizenship has played a role in polity formation in the context of the European Union. It focuses on both the ‘integration’ and the ‘constitution’ dimensions. The paper thus has two substantive sections. The first addresses the role of citizenship of the Union, examining the dynamic relationship betw...

This paper explores recent citizenship debates in the United Kingdom, in particular the proposal contained in a report prepared by Lord Peter Goldsmith at the behest of Prime Minister Gordon Brown to restrict rights to vote in UK elections to UK citizens, with the only exceptions being those laid down by EU law. The discussion is placed in the cont...

Over a quarter of a century ago, Czechoslovakia-born, US-based international law scholar Eric Stein was an early and influential academic voice drawing attention to the role of the European Court of Justice (the ‘Court’ or ECJ) as a champion of the integration process. Implicit in Stein’s work was the view that the new legal framework constructed b...

[From the introduction]. In the EU, it is now well established that the various regimes of rights enjoyed by citizens are dispersed across the national and supranational levels. This is an empirical and not a normative observation, and it is not intended to pre-empt any further discussion about the theoretical possibility of a true ‘supranational c...

What is a 'European' Parliament and who should vote for it? Should it be the 'citizens' of the European Union alone? If so, should it be all EU citizens, or only those who are resident in the member states? Or should the electorate include potentially all residents in the member states which comprise the EU and who are thus affected by decisions ta...

In a Notice on cooperation between national courts and the Commission published in early 1993, the European Commission made the following policy pronouncements about its future role in the enforcement of the competition rules contained in the EC Treaty: ‘As the administrative authority responsible for the Community's competition policy, the Commiss...

In one of the most famous (if apocryphal) rhetorical flourishes of the Italian Risorgimento, the politician Massimo D’Azeglio remarked how ‘Having made Italy, we need to make the Italians’ (Bellamy 1987: 6). Many commentators, mutatis mutandis, make a similar observation with regard to the European Union. However, D’Azeglio was calling for a state-...

This chapter examines the relevance of transnational European political parties to the processes of ‘making European citizens’.1 Up to 2006, there were eight main Euro-parties: the European People’s Party (EPP — Christian democrats), the Party of European Socialists (PES), the European Liberal Democrats (ELDR), the European Green Party, the Europea...

This chapter examines the electoral rights for European citizens enshrined in the EC Treaty by the Treaty of Maastricht’s ‘citizenship package’ of 1993. What is now Article 19 EC (previously Article 8b) provides: 1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a can...

This paper examines some of the constitutional aspects of the ‘Future of Europe' reform process in the light of interactions between German and ‘European' federalism. Many aspects of the traditions of German federalism and German post-war constitutionalism have been influential, if not to say formative, for the evolution of the EU. These aspects ar...

Examines the constitutionalization of transnational political parties in the EU, with particular attention to the question of whether this new organizational form (federations of national parties) brings openness to an EU that should be closer to the citizen. The discussion is with respect to the five existing Euro-parties: The European People's Pa...

The paper studies aspects of the process and substance of the deliberations of the Convention on the Future of the Union, against the backdrop of the longer term development of a Constitution for the European Union. It examines some of the issues which have arisen over the course of the longer term debate about European constitutionalism, including...

Books Reviewed: N. MacCormick, Questioning Sovereignty: Law, State, and Nation in the European Commonwealth D. Leonard and M. Leonard, The Pro-European Reader T. Kostakopoulou, Citizenship, Identity and Immigration in the European Union: Between Past and Future J. Pellegrin, The Political Economy of Competitiveness in an Enlarged Europe A. Guyomarc...

This paper it looks at some of the normative questions which frame debates about the EU constitutional architecture. Its main objective is to identify the core facets of a ‘responsible and inclusive EU constitutionalism’, and to argue for a focus on process, freedom, fairness and democracy as well as formal constitution–building within the debates...

The Working Group on Social Europe made a convincing case for a social Europe to be seen as a constitutional question and not merely as a question of policy content. When the Praesidium issued its draft of the first sixteen articles of the proposed new Constitutional Treaty, it became clear that the Working Group's deliberations were not taken into...

This paper considers whether and under what conditions certain aspects of flexibility should or should not be included in the New Constitutional Treaty (NCT). It divides views about flexibility in the EU along two main axes: flexibility as a pragmatic versus a political issue of principle, and flexibility as a desirable versus an undesirable elemen...

This paper contemplates some key aspects of the overall flexibility question in a simplified and reorganised New Constitutional Treaty (NCT). It is limited to discussion on the location of the enhanced co-operation provisions, on whether and what type of opt-out or derogation arrangements should survive under the new constitutional regime, and fina...

The Good Society 12.2 (2003) 29-32 This article focuses on the electoral rights which were introduced for EU citizens as part of the Maastricht package in 1993 by what was originally Article 8b of the EC Treaty—now Article 19 (Connolly, 2001; Day and Shaw, 2000, 2002; Shaw, 2003; Connolly, Day and Shaw, 2003). These cover the right to vote and stan...

Books reviewed in this article: G. Amato, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market S. Anderman, EC Competition Law and Intellectual Property Rights: Regulating Innovation M. Cini and L. McGowan, Competition Policy in the European Union European Competition Law Annual, 1997, The Objectives of C...

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodo...

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In this paper I have suggested that the postnational positioning of the EU with key procedural, dialogic and relational aspects of the EU polity formation process can help to understand the emerging constitutional edifice. EU constitutionalist thinking seems to be poised between normative questions about polities, citizens, state and questions abou...

In 1993 the introduction of the legal framework of European Union citizenship through the Treaty of Maastricht heralded the institution of a range of limited electoral rights for EU citizens resident in other Member States. The origins of these rights lie in impulses towards the democratisation of the EU and its institutions, as well as in the sear...

This paper presents an argument in favour of developing a multiculturalism policy for the EU, by reference to the potential role which could be played by the Charter of Fundamental Rights in this respect. The provisions on education and culture in the Charter are analysed, with a view to examining how they might be used – in conjunction with existi...