Salvesen Chair of European Institutions, Director of the Institute for Advanced Studies in the Humanities

BA (Cantab); LenDR (Brussels), LLD (Edinburgh), FRSA, AcSS
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Biography

Jo Shaw holds the Salvesen Chair of European Institutions and is Director of the Institute for Advanced Studies in the Humanities.

Until December 2013, she was Dean of Research and Deputy Head of the College of Humanities and Social Science.

Previously she was the Law School's Director of Research, and Co-Director of the Edinburgh Europa Institute.

Before coming to Edinburgh in 2005, Jo was Professor of European Law and Jean Monnet Chair at the University of Manchester between 2001 and 2004, and Director of the Jean Monnet Centre of Excellence. Her earlier appointments included a post as Professor of European Law and Jean Monnet Chair of European Law and Integration at the University of Leeds, and Director of the Centre for the Study of Law in Europe, between 1995 and 2001, and posts at the Universities of Keele and Exeter, and University College London. During 1998, she was EU-Fulbright Scholar-in-Residence and Visiting Professor at Harvard Law School. From 2001-2004 she managed a study on Constitutionalism, Federalism and the Reform of the European Union at the Federal Trust in London, as a Senior Research Fellow. She was Chair of the University Association for Contemporary European Studies (2003-2006) and is on the Editorial Board of the European Law Review. She co-edits the a major book series for CUP, the Cambridge Studies in European Law and Policy and is on the editorial board of the UACES-Routledge Contemporary European Studies (CES) book series. Until 2005, she convened the Academic Awards Committee of the British Federation of Women Graduates. From 2004-2010, she a member of the Peer Review College of the Arts and Humanities Research Council and from  2005-2008 she was a member of the Postgraduate Peer Review Panel 8 (Philosophy, Religious Studies and Law) of the AHRC. She has also done peer review of postgraduate applications and research grant applications for the Irish Research Council for the Humanities and Social Sciences and she is a nominated peer reviewer and Panel Member for the European Research Council. She was on the Advisory Board of the Helsinki Network of European Studies (2004-2007). She was nominated by the Academy of Finland to act as a scientific expert in the Scientific Advisory Board of the Finnish centre of excellence on Foundations of European Law and Polity (2008-2013), based at the University of Helsinki.

On 31 October 2006, Jo delivered her inaugural lecture on the topic Citizenship and Constitutionalism in the European Union - What Role for Political Rights? You can download a copy of the lecture here (warning: PDF file, 1Mb) or listen to the podcast via the School of Law podcasting page.

Jo Shaw's teaching and research focuses on the field of the EU constitution and institutions, particularly in socio-legal and interdisciplinary perspective. Over the years, she has had funding from the Nuffield Foundation, the ESRC, the British Academy, the AHRC and the European Science Foundation, for many different projects. She now runs a large scale European Research Council funded project on the Europeanisation of Citizenship in the Successor States of the Former Yugoslavia (CITSEE) (2009-2014). She is also Co-Director of the EUDO-Citizenship Observatory, funded by a variety of sources including the European Commission.

Jo is happy to receive enquiries from potential PhD students, or other academic visitors, whose academic interests are close to her own.

Willingness to take Ph.D. students: Yes

Websites

Professor Jo Shaw's Homepage at Edinburgh Law School

PhD Supervisees

Jing-Han Chen  'The Stateless in Taiwan: The Problem of Producing Stateless People under the Immigration Act and Nationality Act of Taiwan'

Young Lo Ko  'The Effect of the Interplay of EU law and International Law on consistency of EU Foreign Policy'

Books and Reports

Jo Shaw, Nina Miller, Maria Fletcher, Getting to Grips with EU Citizenship: Understanding the Friction between UK Immigration Law and EU Free Movement Law, (Edinburgh Law School Citizenship Studies, 2013)

Jean-Thomas Arrighi, Rainer Bauböck, Michael Collyer, Derek Hutecheson, Madalina Moraru, Lamin Khadar, Jo Shaw, Franchise and Electoral Participation of Third Country Citizens Residing in the European Union and of European Union Citizens Residing in Third Countries, (European Parliament, 2013)
Abstract: This Study analyses some key trans-border situations in which citizens may finddifficulties in exercising their electoral rights – both to vote in elections, and to stand as candidates. It focuses on the electoral rights of EU citizens when resident outside the state where they are citizens, and on the electoral rights of third country citizens resident in the EU Member States. It also covers several complementary issues by examining the consular representation of EU citizensoutside the territory of the Union, and also the restrictions placed by the Member States on the access of non-citizens to high public office.

Jo Shaw, Igor Stiks, Citizenship Rights, (Ashgate Publishing, 2013)
Abstract: In today’s world all claims tend to be founded on or justified by ‘rights’, be they political, social, economic or private. The ubiquity of this discourse has led to a blurring of the definition of what exactly constitutes rights, not to mention a blurring of the boundaries between different bundles of rights, their sources and the various institutional practices through which they are ‘enjoyed’ or asserted. Particular attention needs to be paid to the category of ‘citizenship rights’. Exactly how are they distinguished from human rights?This volume presents some of the most important reflections and studies on citizenship rights, both past and present. The contributions provide both thorough description and incisive analysis and place the question of citizenship rights into a wider historical, social and political perspective. As such, it offers a timely introduction to the current debates surrounding the rights and duties of both citizens and non-citizens alike, with a focus on the many ways in which citizenship is contested in the contemporary world. The volume is invaluable to scholars and students of citizenship studies, political and critical theory, human rights, sociology, urban development and law.[The download above is the Introduction by Jo Shaw and Igor Stiks, 'What Do We Talk about when We Talk about Citizenship Rights?'. It has been added with the permission of the publisher.]

Jo Shaw, Igor Stiks, Citizenship after Yugoslavia, (Routledge, 2012)
Abstract: This book is the first comprehensive examination of the citizenship regimes of the new states that emerged out of the break up of Yugoslavia. It covers both the states that emerged out of the initial disintegration across 1991 and 1992 (Slovenia, Croatia, Bosnia-Herzegovina, the Federal Republic of Yugoslavia and Macedonia), as well as those that have been formed recently through subsequent partitions (Serbia, Montenegro and Kosovo). While citizenship has often been used as a tool of ethnic engineering to reinforce the position of the titular majority in many states, in other cases citizenship laws and practices have been liberalised as part of a wider political settlement intended to include minority communities more effectively in the political process. Meanwhile, frequent (re)definitions of these increasingly overlapping regimes still provoke conflicts among post-Yugoslav states.This volume shows how important it is for the field of citizenship studies to take into account the main changes in and varieties of citizenship regimes in the post-Yugoslav states, as a particular case of new state citizenship. At the same time, it seeks to show scholars of (post) Yugoslavia and the wider Balkans that the Yugoslav crisis, disintegration and wars as well as the current functioning of the new and old Balkan states, together with the process of their integration into the EU, cannot be fully understood without a deeper understanding of their citizenship regimes.This book was originally published as a special issue of Citizenship Studies.

Jo Shaw, Stephen Tierney, Neil Walker, Europe’s Constitutional Mosaic, (Hart, 2011)
Abstract: This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treaty of Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law.

Jo Shaw, How 'European' are European Parliament Elections?, (European Parliament, 2008)
Abstract: This note was presented by the authors for a workshop organised by the Committee on Constitutional Affairs on 26/27 March 2008. It analyses the relationship between European citizenship and European electoral rules through an analysis of some recent case law of the European Court of Justice. The paper tries to answer the question whether there is a single European concept of the European Parliamentary demos, or twenty seven separate, but overlapping, national concepts.

Jo Shaw, The Transformation of Citizenship in the European Union: Electoral Rights and the Restructuring of Political Space, (Cambridge University Press, 2007)
Abstract: 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 the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU’s electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still very sensitive for national sovereignty such as immigration, nationality and naturalisation.

Jo Shaw, Jo Hunt, Chloe Wallace, The Economic and Social Law of the European Union, (Palgrave Macmillan, 2007)
Abstract: This text describes and analyses these two key areas of EU law. It focuses on the internal and external dimensions of the law governing the operation of the single market, the creation and regulation of the single currency, the law governing the status of citizens and non-citizens in the context of the creation of an Area of Freedom, Security and Justice, and the law of the social dimension and other flanking policies, such as environmental policy.

Jo Shaw, Richard Bellamy, Dario Castiglione, Making European Citizens: Civic Inclusion in a Transnational Context, (Palgrave, 2006)
Abstract: Making European Citizens examines the forms of transnational citizenship developing in Europe. Previous discussions have focused on the construction of a European identity and the granting of common European rights, but rarely explore whether citizens have developed the capacity for self-rule. Active citizenship involves more than simply voting. Citizens must be able to organize socially and politically as well. Achieving such mobilization at a transnational level may involve new democratic techniques and skills. The volume explores how far European citizens have acquired the requisite methods and qualities.

Jo Shaw, Paul Magnette, Lars Hoffmann, Anna Verges, The Convention of the Future of Europe: Working towards an EU Constitution, (Federal Trust/Kogan Page, 2003)
Abstract: The Convention on the Future of Europe explores issues of legitimacy and subsidiarity in the debate about the Future of Europe. It looks at the assumptions behind the Constitutional Convention and its working methods as well as its implication for the reform process in the European Union. It also analyses the concept of subsidiarity both from the perspective of the division of powers and as a factor legitimising the political structures of Europe. Furthermore, the book provides an analysis of how the Constitutional Convention fits into the broader constitutionalisation process of the European Union.

Jo Shaw, Social Law and Policy in an Evolving European Union, (Hart Publishing, 2000)
Abstract: Social law and policy have been moving increasingly into the mainstream of the European Union. There have been important changes to the Treaty framework for enacting social policy, bringing the role of the social partners to the fore. New Treaty provisions for adopting discrimination legislation have highlighted the potential role of the EU in combating aspects of social exclusion, and in challenging disturbing phenomena such as racism and xenophobia. Social policy is increasingly linked to the emerging notion of Union citizenship. The arrival of the single currency in 1999 is now matched by a more pro-active EU-level policy on employment and the labour market. The analyses in this collection address these and other questions against the backdrop of the long standing controversies over the nature and scope of EU social policy, including the UK's opt-out from certain provisions between 1993 and 1997, and the ongoing debate about whether EU social policy has, or should have, a social or an economic rationale.

Jo Shaw, Gillian More, The New Legal Dynamics of European Union, (Clarendon Press, 1995)
Abstract: It is the aim of this collection of essays to broaden the horizon of scholars, particularly those in law, by exploring from a range of theoretical positions the often unchallenged assumptions of the European Union, the Single Market, the institutions which have created and still control it, and the policies which continue to shape its future. The contributors offer a shared belief in the value of theory as a tool to explore new dimensions of the subject. Thus readers will find essays on the Single Market, Market citizenship, migrant workers, social policy, labour market flexibility, the GATT and community law, the free movement of goods, EC utilities law and policy, telecommunications, legislative review, litigation strategy and the EOC, community tax law, and the European Union and postmodernism.

Articles

Jo Shaw, 'Between Law and Political Truth?: Member States preferences, EU free movement rules and national immigration law', (2015), Cambridge Yearbook of European Legal Studies, Vol 17, pp 247-286
Abstract: 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 tread the fine line ‘between law and political truth’: it exploits as much as possible any uncertainties within free movement law; it draws upon the proximate field of domestic immigration law in order to reinterpret free movement law; and it argues for new resources to be brought into the field of free movement, in particular resources which restrict the freedoms of Member States. A discursive frame of migration governance provides the analytical construction within which the argument is located. The article is therefore a contribution to debates about (legal) Europeanisation and compliance, as well as the more specific challenges facing the UK in the latter half of the 2010s, namely a renegotiation of and referendum on EU membership.

Natasa Pantic, Jelena Dzankic, Simonida Kacarska, Jo Shaw, 'The Governance of Citizenship Practices in the Post-Yugoslav States: The Impact of Europeanisation. European Politics and Society. ', (2015), Perspectives on European Politics and Society, Vol 16, pp 337-346
Abstract: 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, these introductory remarks also give an overview of the contributions to the special issue of Perspectives onEuropean Politics and Societies entitled, ‘The governance of citizenship practices in the post-Yugoslav states: The impact of Europeanisation.’

Jo Shaw, Igor Stiks, 'Citizenship Rights: Statues, Challenges and Struggles', (2014), Belgrade Journal of Media and Communications, pp 73-90
Abstract: Citizenship seems to be inextricably associated with rights, although the scope of citizenship rights has evidently varied across time and space. A rather simplistic belief in the constant enlargement of citizenship rights in liberal democracies made many perceive cultural and identity rights as yet another historic layer of citizenship rights. What is at stake today, however, is a new dynamic between these different bundles of rights in the face of new realities at a global scale that over the last three decades have deeply transformed contemporary citizenship regimes. In this context, citizenship rights, the practices which engage with them, and the task of understanding these bodies of rights, face, in our view, three general challenges: global markets, trans-national and sub-state phenomena, and human rights. In this short paper, we explore these dimensions using the heuristic device of the citizenship regime.

Jo Shaw, Nina Miller, 'When Legal Worlds Collide: An Exploration of What Happens when EU Free Movement Law Meets UK Immigration Law', (2013), European Law Review, Vol 38, pp 137-66
Abstract: 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 United Kingdom in relation to immigration-related questions such as first entry and residence, stability of residence and family reunion. The research is based on the analysis of both legal doctrine and interview data. The narrow conclusion of the article is that adversarial relationships between the various stakeholders have arisen in this domain, and may hinder the effective application of EU law. In some fields, there has been a consistent failure to apply the correct EU principles at national level, especially on the part of the UK Border Agency. The broader conclusion concerns the capacity of this type of contextualised analysis to provider richer comparisons between legal sectors and Member States, offering a more nuanced view of how the worlds of EU law and national law intersect.

Jo Shaw, Igor Stiks, 'Citizenship in the New States of South Eastern Europe ', (2012), Citizenship Studies, Vol 16, pp 309-321
Abstract: 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, locating it within the broader frame of current trends in citizenship studies, and defines the notion of citizenship regime as it is used in the following analysis, before highlighting some critical and common elements that emerge in the papers, including the ongoing processes of Europeanisation evident in the region.

Jo Shaw, 'Scotland: 40 Years of EU Membership', (2012), Journal of Contemporary European Research, Vol 8, pp 547-54

Jo Shaw, 'Citizenship Within and Across the Boundaries of the European Union ', (2011), Transitions, Vol 51, pp 43-57

Anja Lansbergen, Jo Shaw, 'National Membership Models in a Multilevel Europe ', (2010), International Journal of Constitutional Law, Vol 8, pp 50-71
Abstract: 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, offering an approach to studying EU citizenship firmly rooted in national constitutional discourses and practices. The focus in the first section is on electoral rights granted to EU citizens under article 19 EC, which allow the nationals of member states to vote in European Parliament and local elections when resident in a host member state, under the same conditions as nationals. We then explore in the second section some membership models that suggest how member states could develop defensible approaches to the challenges of determining the boundaries of the franchise in the complex multilevel Euro-polity.

Jo Shaw, 'The Political Representation of Europe’s Citizens: Developments', (2008), European Constitutional Law Review, Vol 4, pp 162-86
Abstract: Court of Justice of the European Communities Decisions of 12 September 2006, Case C-145/04, Spain v. United Kingdom, and Case C-300/04, Eman and Sevinger v. College van Burgemeester en Wethouders van Den Haag 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 taken in the Parliament? Does anyone have a ‘right’ to vote for the European Parliament? And who should decide who votes for the European Parliament – the member states, or the EU itself? In other words, is there a single European concept of the European Parliamentary demos, or twenty-seven separate, but overlapping, national concepts?

Jo Shaw, 'E.U. Citizenship and Political Rights in an Evolving European Union ', (2007), Fordham Law Review, Vol 75, pp 2549-78

Jo Shaw, 'One or Many Constitutions?: The Constitutional Future of the European Union in the 2000s from a Legal Perspective', (2007), Scandinavian Studies in Law, Vol 52, pp 393-408

Jo Shaw, 'Mainstreaming Equality and Diversity in the European Union ', (2005), Current Legal Problems, Vol 58, pp 255-312

Jo Shaw, 'Europe's Constitutional Future ', (2005), Public Law, Vol Spring, pp 132-51

Jo Shaw, Lars Hoffmann, 'Constitutionalism and Federalism in the 'Future of Europe' Debate: The German Dimension', (2004), German Politics, Vol 13, pp 625-44
Abstract: 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 are set out as a frame for the paper, before more detailed analysis of the constitutional process and a particular focus on the division of competences. The constitutional outcome reveals clear German ‘fingerprints’, though that finding needs to be balanced by a recognition of the constitutional debate as multi-perspectival, involving all member states both separately and collectively.

Jo Shaw, 'Legal and Political Sources of the Treaty Establishing a Constitution for Europe ', (2004), Northern Ireland Legal Quarterly, Vol 55, pp 214-241

Jo Shaw, 'Process, Responsibility and Inclusion in EU Constitutionalism ', (2003), European Law Journal, Vol 9, pp 45-68
Abstract: 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 inside and outside the Convention running up to the Intergovernmental Conference anticipated for 2003/2004. A model using the work of Canadian political theorist James Tully is constructed. The paper applies this framework in order to analyse some aspects of the work of the Convention on the Future of the Union, looking especially at questions of autonomy, representativity, internal dynamics, deliberation, receptiveness, and decision–making. The interim conclusion is drawn that the Convention method contains within itself the seeds of a critical and reflexive approach to EU constitutionalism.

Jo Shaw, Stephen Day, 'The Boundaries of Suffrage and External Conditionality: Estonia as an Applicant Member of the EU', (2003), European Public Law, Vol 9, pp 211-36

Jo Shaw, 'Flexibility in a "Reorganized" and "Simplified" Treaty ', (2003), Common Market Law Review, Vol 40, pp 279-311

Jo Shaw, Stephen Day, 'The EU Electoral Rights and the Political Participation of Migrants in Host Polities ', (2002), International Journal of Population Geography, Vol 8, pp 183-99

Jo Shaw, 'The European Union and Gender Mainstreaming: Constitutionally Embedded or Comprehensively Marginalised?', (2002), Feminist Legal Studies, Vol 10, pp 213-26
Abstract: 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 methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper.

Jo Shaw, 'The Treaty of Nice: Legal and Constitutional Implications', (2001), European Public Law, Vol 7, pp 195-215

Jo Shaw, 'The Treaty of Amsterdam: Challenges of Flexibility and Legitimacy', (1998), European Law Journal, Vol 4, pp 63-86
Abstract: The paper reviews key aspects of the new constitutional framework for the European Union, once the Treaty of Amsterdam has been ratified, in the light of the core challenges of managing flexible integration in an enlarged Union and securing adequate legitimacy for the integration project. Reviewing briefly the general debates on flexibility, and its relationship to different constitutional and political futures for the Union which are suggested by those involved in the debates, the paper examines the principal provisions governing what is termed `closer cooperation' within the new Union treaties. The emphasis is placed on the framework provisions of the TEU, and those in the First Pillar. It is noticeable that the Treaty takes a `non-ideological' approach to flexibility, eschewing direct support for those who interpret flexibility as meaning more or less integration in the future. It provides a framework for future cooperation which is likely to be too restrictive to be workable, except in very limited circumstances. However, particular instances of flexibility are provided in the Treaty, in the form of the opt-outs from the new free movement title and the communitarisation of Schengen for the United Kingdom, Ireland and Denmark, and some might even describe these as `pick-and-choose'. The paper concludes by reviewing the flexibility debate against the background of the ongoing legitimacy challenge for the Union, arguing that, as currently conceived, flexibility is more to do with balancing political interests than with securing or enhancing legitimacy.

Jo Shaw, 'European Community Law: An Introduction by D. A. O. Edward and R. C. Lane ', (1991), Yearbook of European Law, Vol 11, pp 606-08

Chapters

Jo Shaw, Lamin Khadar, 'Article 39 ' in Steve J. Peers, Tamara K. Hervey, Jeff Kenner, Angela Ward (ed.) The EU Charter of Fundamental Rights (Hart Publishing 2014) 1027-56

Jo Shaw, Lamin Khadar, 'Article 12(2) ' in Steve J. Peers, Tamara K. Hervey, Jeff Kenner, Angela Ward (ed.) The EU Charter of Fundamental Rights (Hart Publishing 2014) 367-78

Jo Shaw, Niamh Nic Shuibhne, 'General Report Union Citizenship: Development, Impact and Challenges' in Ulla Neergaard, Catherine Jacqueson, Nina Holst-Christensen (ed.) Union Citizenship (DJØF Publishing 2014)

Jo Shaw, Igor Stiks, 'Introduction What Do We Talk about When We Talk about Citizenship Rights?' in Jo Shaw, Igor Stiks (ed.) Citizenship Rights (Ashgate Publishing 2013) xi-xxv

Jo Shaw, Igor Stiks, 'A Laboratory of Citizenship: Shifting Conceptions of Citizenship in Yugoslavia and post-Yugoslav States Citizenship after Yugoslavia' in Jo Shaw, Igor Stiks (ed.) Citizenship after Yugoslavia (Routledge 2012) 15-37

Igor Stiks, Jo Shaw, 'Introduction Citizenship in the New States of South Eastern Europe' in Jo Shaw, Igor Stiks (ed.) Citizenship after Yugoslavia (Routledge 2012) 1-13

Jo Shaw, 'Citizenship and Political Participation The Role of Electoral Rights under European Union Law' in Bryan Fanning, Ronaldo Munck (ed.) Globalization, Migration and Social Transformation (Ashgate Publishing 2011) 81-92

Jo Shaw, 'Citizenship Contrasting Dynamics at the Interface of Integration and Constitutionalism' in P. Craig, G. de Búrca (ed.) The Evolution of EU Law (Oxford University Press 2011) 575-609

Jo Shaw, 'The Constitutional Mosaic across the Boundaries of the European Union Citizenship Regimes in the New States of South Eastern Europe' in Neil Walker, Jo Shaw, Stephen Tierney (ed.) Europe's Constitutional Mosaic (Hart 2011) 137-70

Jo Shaw, 'A View of the Citizenship Classics Martínez Sala and Subsequent Cases on Citizenship of the Union' in Miguel Poiares Maduro, Loic Azoulai (ed.) The Past and Future of EU Law (Hart Publishing 2010) 356-362

Jo Shaw, 'Political Rights and Multilevel Citizenship in the EU ' in Elspeth Guild, Kees Groenendijk, Sergio Carrera (ed.) Illiberal Liberal States (Ashgate Publishing 2009) 29-49

Jo Shaw, 'Citizenship and Enlargement The Outer Limits of EU Political Citizenship' in Catherine Barnard, Okeoghene Odudu (ed.) The Outer Limits of European Union Law (Hart Publishing 2009) 63-88

Jo Shaw, 'The Constitutional Development of Citizenship in the EU Context With or Without the Treaty of Lisbon' in Ceci n'est pas une Constitution - Constitutionalisation without a Constitution? (Nomos Publishers 2009) 104-118

Jo Shaw, 'Citizenship and Electoral Rights in the Multi-Level ‘Euro-Polity' The Case of the United Kingdom' in Hans Lindahl (ed.) A Right to Inclusion and Exclusion? (Hart Publishing 2009) 241-53

Jo Shaw, 'The constitutional development of citizenship in the EU context With or without the Treaty of Lisbon' in Ingolf Pernice, Evgeni Tanchev (ed.) Ceci n’est pas une Constitution (Nomos 2009) 104-18

Jo Shaw, Jo Hunt, 'Fairy Tale of Luxembourg? Reflections on Law and Legal Scholarship in European Integration' in David Phinnemore, Alex Warleigh (ed.) Reflections on European Integration (Palgrave Macmillan 2009) 93-108

Jo Shaw, 'A New Constitution for the European Union ' in Montserrat Guibernau (ed.) Governing Europe (The Open University 2006) 2-1-2-32

Jo Shaw, 'Flexibility and the Treaty establishing a Constitution for Europe ' in Deirdre Curtin, Alfred E. Kellerman, Steven Blockmans (ed.) The EU Constitution (TMC Asser Press 2005) 59-70

Jo Shaw, 'The European Union Discipline Building Meets Polity Building' in Mark Tushnet, Peter Cane (ed.) The Oxford Handbook of Legal Studies (Oxford University Press 2005) 325-52
Abstract: This article focuses on the law, legal order, and institutional framework of what is now termed the ‘European Union’, which was created in 1993 by the Treaty of Maastricht. The discussion covers the contexts and characteristics of European Union legal studies; European Union legal studies; and future perspectives for EU legal studies.

Jo Shaw, 'What Happens if the Constitutional Treaty is Not Ratified? ' in Ingolf Pernice, Jiří Zemánek (ed.) A Constitution for Europe (Nomos 2005) 77-96

Jo Shaw, 'The Constitutional Treaty and the Question of Ratification Unscrambling the Consequences and Identifying the Paradoxes' in Peter G. Xuereb (ed.) The Constitution for Europe (EDRC 2005) 1-33

Jo Shaw, 'The Treaty Establishing a Constitution for Europe A Forwards-Looking and Outward-Looking Document?' in Peter G. Xuereb (ed.) The Value(s) of a Constitution for Europe (EDRC 2004) 9-25

Jo Shaw, 'Flexibility in a 'Reorganised and Simplified' Treaty ' in Bruno De Witte (ed.) Ten Reflections on the Constitutional Treaty for Europe (EUI/RSC/AEL 2003) 187-205

Jo Shaw, 'Sovereignty at the Boundaries of the Polity ' in Neil Walker (ed.) Sovereignty in Transition (Hart Publishing 2003) 461-500

Jo Shaw, 'Process, Responsibility and Inclusion in EU Constitutionalism The Challenge for the Convention on the Future of the Union' in Walter Hallstein, Manfred Zuleeg (ed.) Der Beitrag Walter Hallsteins zur Zukunft Europas (Baden-Baden 2003) 71-92

Jo Shaw, 'Tolerance and Process ' in Joseph Weiler, Ian Begg, John Peterson (ed.) Integration in an Expanding European Union (Blackwell Publishing Ltd 2003) 41-44

Jo Shaw, 'Enhancing Cooperation after Nice Will the Treaty do the Trick?' in Mads Andenas, John Usher (ed.) The Treaty of Nice and Beyond (Hart Publishing 2003) 207-37

Jo Shaw, 'Enhancing Cooperation after Nice Will the Treaty do the Trick?' in Peter G. Xuereb (ed.) The Future of the European Union (European Documentation and Research Centre 2002) 77-119

Jo Shaw, 'Gender and the European Court of Justice ' in Gráinne de Búrca, J.H.H. Weiler (ed.) The European Court of Justice (Oxford University Press 2001) 87-142

Jo Shaw, 'The Legal and Constitutional Implications of the Treaty of Nice ' in Martyn Bond, Kim Feus (ed.) The Treaty of Nice Explained (The Federal Trust for Education and Research 2001) 97-113

Jo Shaw, 'The Problem of Membership in European Union Citizenship ' in Andrew Scott, Zenon Bankowski (ed.) The European Union and Its Order (Blackwell Publishing Ltd 1999) 65-90

Working Papers

Jo Shaw, 'Where Does the UK Belong? ' 2016
Abstract: 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, despite the success of Prime Minister David Cameron in persuading the other 27 Member States and the other EU institutions to sign up to a ‘new settlement’ for the EU at the European Council meeting in Brussels in February 2016. This essay explores the free movement dimensions of that ‘new settlement’, highlighting areas of uncertainty and explaining how the UK’s approach to renegotiating free movement fits with its previous approach this increasingly contested field of EU law. The question is less where EU citizens belong, but rather whether the UK belongs in or out of the EU.

Jo Shaw, 'Between Law and Political Truth?: Member State Preferences, EU Free Movement Rules and National Immigration Law' 2015
Abstract: 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 to tread the fine line ‘between law and political truth’: it exploits as much as possible any uncertainties within free movement law; it draws upon the proximate field of domestic immigration law in order to reinterpret free movement law; and it argues for new resources to be brought into the field of free movement, in particular resources which restrict the freedoms of Member States. A discursive frame of migration governance provides the analytical construction within which the argument is located. The article is therefore a contribution to debates about (legal) Europeanisation and compliance, as well as the more specific challenges facing the UK in the latter half of the 2010s, namely a renegotiation and referendum on EU membership.

Jo Shaw, 'Citizenship for Sale: Could and Should the EU Intervene?' 2014

Jo Shaw, Ruvi Ziegler, Rainer Baubock, 'Voting in the Referendum on Scottish Independence: Who Should Vote and Who Should be Offered Citizenship?' 2014

Jo Shaw, 'Citizenship in an Independent Scotland: Legal Status and Political Implications' 2013
Abstract: 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 and citizenship rights have received much less attention than many of the other issues which the prospect of independence raises, such as monetary matters and Scotland’s economic prospects in a globalised world, defence and security, and pensions and the welfare state. Drawing on research on citizenship across Europe, especially the case of the new states of south east Europe, this paper looks at the options for citizenship in a new Scotland. It takes into account the complex history of citizenship across the United Kingdom and Ireland, and suggests that relations across these islands will be amongst the main determinants of both the initial determination of the citizenry at the moment of independence and of citizenship policy in the future.

Jo Shaw, 'EU Citizenship and the Edges of Europe ' 2012
Abstract: 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 in Scotland, where an independence referendum is under consideration.

Jo Shaw, Nina Miller, 'When Legal Worlds Collide: An Exploration of What Happens When EU Free Movement Law Meets UK Immigration Law' 2012
Abstract: 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 family reunion. The research is based on the analysis of both legal doctrine and interview data. The narrow conclusion of the article is that adversarial relationships between the various stakeholders have arisen in this domain, and may hinder the effective application of EU law. In some fields, there has been a consistent failure to apply the correct EU principles at the national level, especially on the part of the UK Border Agency. The broader conclusion concerns the capacity of this type of contextualised analysis to provider richer comparisons between legal sectors and Member States, offering a more nuanced view of how the worlds of EU law and national law intersect.

Jo Shaw, 'Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism' 2010
Abstract: 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 between this concept, the role of the Court of Justice, and the free movement dynamic of EU law. The second turns to citizenship in the Union, looking at some recent political developments under which concepts of citizenship, and democratic membership as a key dimension of citizenship, have been given greater prominence. One key finding of the paper is that there is a tension between citizenship of the Union, as part of the EU's ‘old’ incremental constitutionalism based on the constitutionalisation of the existing Treaties, and citizenship in the Union, where the possibilities of a ‘new’ constitutionalism based on renewed constitutional documents have yet to be fully realized.

Jo Shaw, 'The Constitutional Mosaic Across the Boundaries of the European Union: Citizenship Regimes in the New States of South Eastern Europe' 2010
Abstract: 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 Yugoslavia can be located within a 'constitutional mosaic' of overlapping and sometimes competing legal norms. It identifies six primary instruments whereby non-state sources of law impact upon the citizenship regimes of these states: compliance with international human rights norms; EU conditionality; direct intervention by international organisations; direct supervision by international organisations; other forms of international pressure; and overlapping citizenship regimes between the successor states. As part of a wider task of shifting attention onto the citizenship regimes of these states in the context of processes of Europeanisation as well as polity-building at the state and regional level, the paper concludes that polity-building and the processes of constructing citizenship regimes will remain closely intertwined for the foreseeable future.

Jo Shaw, Igor Stiks, 'The Europeanisation of Citizenship in the Successor States of the Former Yugoslavia: An Introduction' 2010
Abstract: 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 terminological definitions used in the project, and reviews the key areas where CITSEE is expected to contributed to intellectual debate and theoretical understandings.

Jo Shaw, Igor Stiks, 'The Europeanisation of Citizenship in the Successor States of the Former Yugoslavia: An Introduction' 2010
Abstract: 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 terminological definitions used in the project, and reviews the key areas where CITSEE is expected to contributed to intellectual debate and theoretical understandings.

Jo Shaw, 'Political Rights and Multilevel Citizenship in Europe ' 2009
Abstract: The focus of this paper is on the rights of non-nationals to vote in local elections on the basis of residence, rather than nationality. This is already well established in the EU context, as a result of the introduction of local electoral rights as part of the citizenship package contained in the Treaty of Maastricht. A number of Member States go further and confer the right to vote in local elections on third country nationals as well, but this extension has by no means been universal. This paper explores some of the political and legal tensions which arise where there are debates and conflicts within states, across different territorial and political units, about whether or not to extend electoral rights to non-nationals. The paper seeks to explore the types of claims or arguments made for the exercise of regional or local autonomy, e.g. within federal states, in favour of extending electoral rights where the national policy is more restrictive. It emphasises in particular the significance of constitutional barriers in a number of states where experimentation at the subnational level has been attempted, notably Germany and Austria. It suggests also that the case for subnational experimentation can be linked, as it may be increasingly in Scotland as the UK's current devolution scheme continues to evolve, to broader political questions about a state's political and territorial settlement.

Jo Shaw, 'Citizenship and Electoral Rights in the Multi-Level 'Euro-Polity': The Case of the United Kingdom' 2009
Abstract: 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 context of the evolving concept of citizenship in the European Union and its Member States, and for the purposes of the detailed analysis, deploys a composite concept of 'European citizenship', which combines both EU citizenship in the narrow sense, and national citizenship.

Jo Shaw, 'A Strong Europe is a Social Europe ' 2003
Abstract: 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 account in the preparation of this text. The draft Articles missed the opportunity to send a message of inclusion and this concerns the scope of citizenship in Europe. As for the final draft of the Constitutional Treaty, fear and the assertion of national sovereignty will most probably stand in the way of a clear definition of responsibilities for the EU in the area of social policy.

Conference Papers

Jo Shaw, 'European Citizenship within and across the borders of the EU ' 2011

Jo Shaw, 'Citizenship Regimes in the New States of South Eastern Europe: Thinking About the Mosaic' 2010

Jo Shaw, 'Citizenship in the Enlarged EU ' 2009

Jo Shaw, 'Studying citizenship in the European Union ' 2009

Jo Shaw, Igor Stiks, 'Soft Law and European Citizenship ' 2009
Abstract: At first sight, it would appear that the concept of soft law is of little relevance in the field of EU citizenship. While the concept of EU citizenship is rather limited when compared to national citizenship, nonetheless it seems to be entirely a creature of (hard) law, both in terms of the concept as defined in the EC Treaty and in terms of the case law of the Court of Justice which has been extremely influential in extending the tentacles of that concept into the interstices of national law, especially national immigration law and national welfare law. According to a terminological glossary developed by the European Foundation for the Improvement of Living and Working Conditions: ‘Soft law is the term applied to EU measures, such as guidelines, declarations and opinions, which, in contrast to directives, regulations and decisions, are not binding on those to whom they are addressed. However, soft law can produce some legal effects.’ That same glossary entry goes on to argue that soft law is used where the Member States are unable to agree upon the use of hard law mechanisms. This understates the complexity of arguments which attach to the development of concepts such as citizenship which are heavily imbued with the symbols and practices of sovereignty, and fails adequately to capture the dynamics of two areas where soft law has been used in relation to European citizenship, in such a way as to blur its sharp edges: • In relation to the status of third country nationals under EU law, for whom the Commission proposed in the aftermath of the Treaty of Amsterdam a vision of a status akin to a form of EU citizenship-lite in which they would enjoy most of the rights under EU law given to nationals of Member States who are resident in other Member States • In relation to external conditionality in relation to accession, where there has been some evidence in relation to the Western Balkan states to show that EU law has had direct and indirect effects vis-à-vis national citizenship law definitions, but these effects have taken the form of ‘soft’ rather than ‘hard’ law pressure (i.e. there are no formal enforcement mechanisms).