Jo Shaw holds the Salvesen Chair of European Institutions and is the Director of the Institute for Advanced Studies in the Humanities at the University of Edinburgh.
Until December 2013 she was was Dean of Research and Deputy Head of the College of Humanities and Social Science. She has previously acted as the Law School's Director of Research, and as 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 has been 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.
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, the British Academy and the European Parliament. You can find out more about her interests in citizenship through this interview on Academia.Net.
Jo is happy to receive enquiries from potential PhD students, or other academic visitors, whose academic interests are close to her own.
You can follow Jo Shaw on twitter: @joshaw
Research in a Nutshell : Jo Shaw: Citizenship & the EU:
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'
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, 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.
Igor Stiks, Jo Shaw Citizenship Rights (Ashgate, 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. More information: http://www.ashgate.com/default.aspx?page=637&calcTitle=1&forthcoming=1&title_id=10790&edition_id=11120
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. Contents: 1. Introduction: Citizenship in the New States of South Eastern Europe Jo Shaw and Igor Štiks 2. A Laboratory of Citizenship: Shifting Conceptions of Citizenship in Yugoslavia and post-Yugoslav States' Igor Štiks 3. Imagining and managing the nation: tracing citizenship policies in Serbia Jelena Vasiljević 4. Understanding Montenegrin citizenship Jelena Dzankić 5. Overlapping Jurisdictions, Disputed Territory, Unsettled State: The Perplexing Case of Citizenship in Kosovo Gëzim Krasniqi 6. Conceptualising Citizenship Regime(s) in post-Dayton Bosnia and Herzegovina Eldar Sarajlić 7. The Fractured 'We' and the Ethno-National 'I' - the Macedonian Citizenship Framework Ljubica Spaskovska 8. Framing the citizenship regime within the complex triadic nexuses: The case study of Croatia Viktor Koska 9. In the name of the Nation or/and Europe? Determinants of the Slovenian citizenship regime Tomaž Deželan
Neil Walker, Jo Shaw, Stephen Tierney Europe's Constitutional Mosaic (Hart, 2011)
Jo Shaw, Richard Bellamy and Dario Castiglione Making European Citizens (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 and 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 expores issues of legitymacy and subsidiarity in the debate about the Futore of Europe. It looks at the assumptions behind the Constitutional Covention 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 costitutionalisation process of the European Union. This Federal Trust series is essential reading for all practitioners and students of European Integration, as well as for national policy-makers, business and the media. Other titles include Andreas Maurer-'What next for the European Parliament'; David Coombes- 'Seven Theorems in Search of the European parliamnet; Roger Morgan and Michael Steed (eds)- ' Choice and represetation in the European Union'; Lord Plumb, carole Tongue and Florus Wijsenbeek - Shaping Europe: reflection of Three MEPs; and Martyn Bond (ed.)- ' Europe, Parliaments and the Media (forthcoming). The Convention on the Future of Europe expores issues of legitymacy and subsidiarity in the debate about the Futore of Europe. It looks at the assumptions behind the Constitutional Covention 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.
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 combatting 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 longstanding 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.
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 pp137-166
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 'Scotland: 40 years of EU Membership' (2012) Journal of Contemporary European Research Volume 8 Issue 4 547-554 [Download]
Abstract: A chronology and review of Scotland's place within the UK's 40 years of EU membership: 1973-2013
Igor Stiks, Jo Shaw 'Citizenship in the new states of South Eastern Europe' (2012) Citizenship Studies Volume 16 Issue 3-4 pp309-321
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, Anja Lansbergen 'National Membership Models in a Multi-Level Europe' (2010) International Journal of Constitutional Law 50-71 Vol 8
Jo Shaw 'The Political Representation of Europe's Citizens:' (2008) European Constitutional Law Review Vol 4 No 1 162-186 [Download]
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 p393-408
Jo Shaw 'E.U. Citizenship and Political Rights in an Evolving European Union' (2007) Fordham Law Review vol 75 pp2549-2579 [Download]
Jo Shaw 'Mainstreaming Equality and Diversity in the European Union' (2005) Current Legal Problems Vol 58 255-312
Jo Shaw 'Europe's Constitutional Future' (2005) Public Law Spring 132-151
Jo Shaw 'Legal and Political Sources of the European Constitution' (2004) Northern Ireland Legal Quarterly Vol 55 214-241
Jo Shaw, Lars Hoffmann 'Constitutionalism and Federalism in the 'Future of Europe' debate: The German dimension' (2004) German Politics Vol 13 625-644
Jo Shaw 'Flexibility in a reorganised and simplified Treaty' (2003) Common Market Law Review Vol 40 279-311
Jo Shaw, Stephen Day 'The boundaries of suffrage and external conditionality: Estonia as an applicant member of the EU' (2003) European Public Law Vol 9 211-236
Jo Shaw 'Process, Responsibility and Inclusion in EU Constitutionalism' (2003) European Law Journal Vol 9 211-236
Jo Shaw 'The European Union and gender mainstreaming: constitutionally embedded or comprehensively marginalised?' (2002) Feminist Legal Studies Vol 10 213-226
Jo Shaw, Stephen Day 'The EU Electoral Rights and the Political Participation of Migrants in Host Polities' (2002) International Journal of Population Geography Vol 8 183-199
Jo Shaw 'The Treaty of Nice: Legal and Constitutional Implications' (2001) European Public Law 195-215
Niamh Nic Shuibhne, Jo Shaw 'General Report - Union Citizenship: Development, Impact and Challenges' in Ulla Neergaard, Catherine Jacqueson, and Nina Holst-Christensen (eds) The XXVI FIDE Congress in Copenhagen 2014: Congress Publications Vol. 2 (DJOEF Publishing, 2014) 65-227
Igor Stiks, Jo Shaw 'Introduction: what do we talk about when we talk about citizenship rights?' in Igor Stiks, Jo Shaw Citizenship Rights (Ashgate, 2013) pp.xi-xxv
Jo Shaw, Igor Stiks 'Introduction: Citizenship in the new states of South Eastern Europe' in Jo Shaw, Igor Stiks Citizenship after Yugoslavia (Routledge, 2012) 1-13
Jo Shaw 'Citizenship and political participation: the role of electoral rights under European Union law' in B Fanning, R Munck (eds) Immigration and the Irish Experience of European and Global Social Transformation (Ashgate, 2011) 81-92
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 Europe's Constitutional Mosaic (Hart, 2011) 137-170
Jo Shaw 'Citizenship: contrasting dynamics at the interface of integration and constitutionalism' in P Craig and G de Burca (eds) The Evolution of EU Law (Oxford University Press, 2011) 575-609
Jo Shaw 'A view of the citizenship classics: Martinez Sala and subsequent cases on citizenship of the Union' in Loic Azoulai (eds) The Past and Future of EU Law; The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (Hart Publishing, 2010) 356-362
Jo Shaw 'Political Rights and Multilevel Citizenship in Europe' in S Carrera and E Guild (eds) Illiberal Liberal States: Immigration, Citizenship and Integration in the EU (Ashgate, 2009) 29-49
Jo Shaw 'Citizenship and Electoral Rights in the Multi-Level 'Euro-Polity': the case of the United Kingdom'' in Hans Lindahl (eds) A right to Inclusion and exclusion? (Hart, 2009) pp241-253
Jo Shaw, Jo Hunt 'Fairy Tale of Luxembourg?: Reflections on Law and Legal Scholarship in European Integration' in D. Phinnemore, A. Warleigh (eds) Reflections on European Integration: 50 Years of the Treaty of Rome (Palgrave, 2009) pp93-108
Jo Shaw 'The constitutional development of citizenship in the EU context: with or without the Treaty of Lisbon' in I Pernice, E. Tanchev (eds) Ceci n'est pas une Constitution - Constitutionalisation without a Constitution? (Nomos, 2009) pp104-118
Jo Shaw 'Citizenship and Enlargement: the outer limits of EU political citizenship' in Catherine Barnard and Okeoghene Odudu (eds) The Outer Limits of European Union Law (Hart Publishing, 2009) pp63-88
Jo Shaw 'A New Constitution for the European Union' in M. Guibernau (eds) Governing Europe: the developing agenda (The Open University, 2006) 2-1 - 2-32
Jo Shaw, Melanie Smith 'Changing Polities and Electoral Rights: Lithuania's accession to the EU' in Prakash Shah and Werner Minski (eds) Migration, Diasporas and Legal Systems in Europe (Cavendish, 2006) 145-163
Jo Shaw, Stephen Day 'Developing Political Parties in the European Union: Towards a European Party Statute?' in Keith Ewing, Samuel Issacharoff (eds) Party Funding and Campaign Financing in International Perspective (Hart Publishing, 2006) 297-324
Jo Shaw, Stephen Day 'Transnational Political Parties' in Jo Shaw, Richard Bellamy and Dario Castiglione (eds) Making European Citizens (Palgrave, 2006) 99-117
Jo Shaw, Anthea Connolly and Stephen Day 'The Contested case of EU electoral rights' in Jo Shaw, Richard Bellamy and Dario Castiglione (eds) Making European Citizens (Palgrave, 2006) 31-55
Jo Shaw, Richard Bellamy and Dario Castiglione 'Introduction: From National to Transnational Citizenship' in Jo Shaw, Richard Bellamy and Dario Castiglione (eds) Making European Citizens (Palgrave, 2006) 1-28
Jo Shaw 'Flexibility and the Treaty establishing a Constitution for Europe' in D. Curtin., A. E. Kellermann and S. Blockmans (eds) The EU Constitution: The Best Way Forward? (TMC Asser Press, 2005) 59-70
Jo Shaw 'What happens if the Constitutional Treaty is not ratified?' in I. Pernice and Jiri Zemanek (eds) The Treaty on a Constitution for Europe: Perspectives after the IGC 2004 (Baden-Baden, 2005)
Jo Shaw 'The Constitutional Treaty and the Question of Ratification: Unscrambling the Consequences and Identifying the Paradoxes' in P. Xuereb (eds) The Constitution for Europe: An Evaluation? (EDRC, 2005) 1-33
Jo Shaw 'The Treaty establishing a Constitution for Europe: a forwards-looking and outward-looking document?' in P. Xuereb (eds) The Value(s) of a Constitution for Europe (EDRC, 2004) 9-25
Jo Shaw 'Sovereignty at the Boundaries of the Polity' in Neil Walker Sovereignty in Transition (Hart Publishing, 2003) 461-500
Jo Shaw 'Enhancing Cooperation after Nice: will the treaty do the trick?' in Mads Andenas and John Usher (eds) The Treaty of Nice and Beyond: Enlargement and Constitutional Reform (Hart Publishing, 2003) 207-237
Jo Shaw, Stephen Day 'The Evolution of Europe's Transnational Political Parties in the era of European Citizenship' in R. Cichowski and T. Boerzel (eds) State of the European Union Volume 6 (2003): Law, Politics and Society (Oxford University Press, 2003) 149-169
Jo Shaw, Chloe Wallace 'Education, Multiculturalism and the EU Charter of Rights' in T. Hervey and J. Kenner (eds) Economic and Social Rights under the EU Charter of Fundamental Rights: A Legal Perspective (Hart Publishing, 2003) 223-246
Jo Shaw 'The European Union' in P. Cane and M. Tushnet (eds) The Oxford Handbook of Legal Studies (Oxford University Press, 2003) 325-352
Jo Shaw 'Process, Responsibility and Inclusion in EU Constitutionalism: the challenge for the Convention on the Future of the Union' in M. Zuleeg (eds) Der Beitrag Walter Hallsteins zur Zukunft Europas: Refarate zu Ehren von Walter Hallstein (Baden-Baden, 2003) 71-92
Jo Shaw 'Flexibility in a 'Reorganised and Simplified' Treaty' in B. de Witte (eds) Ten Reflections on the Constitutional Treaty for Europe (EUI/RSC/AEL, 2003) 187-205
Jo Shaw 'Tolerance and Process' in Weiler, J.H.H., Begg, I., Peterson, J. (eds) Integration in an Expanding European Union: Reassessing the Fundamentals (Blackwell, 2003) 41-44
Jo Shaw 'Enhancing Cooperation after Nice: Will the Treaty do the Trick?' in P.G. Xuereb (eds) The Future of the European Union. Unity in Diversity (European Documentation and Research Centre, 2002) 77-119
Jo Shaw 'The Legal and Constitutional Implications of the Treaty of Nice' in K. Feus (eds) The Treaty of Nice Explained (The Federal Trust for Education and Research, 2001) 97-113
Jo Shaw 'Gender and the European Court of Justice' in G. De Burca and J.H.H. Weiler (eds) The European Court of Justice (Oxford University Press, 2001) 87-142
Jo Shaw 'The Problem of Membership in European Union Citizenship' in Zenon Bankowski, Andrew Scott The European Union and Its Order: The Legal Theory of European Integration (Blackwell Publishers, 1999) pp. 65-90
Jo Shaw 'EU Citizenship and the Edges of Europe', SCJS User Guide (Scottish Government, 2012) [Download]
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, Igor Stiks 'The Europeanisation of Citizenship in the Successor States of the Former Yugoslavia: an introduction', SCJS User Guide, 2010/01 (Scottish Government, 2010) [Download]
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 'The constitutional mosaic across the boundaries of the European Union: citizenship regimes in the new states of South Eastern Europe', SCJS User Guide, 2010/07 (Scottish Government, 2010) [Download]
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 'Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism', Edinburgh Law School Working Paper Series (SSRN, 2010) [Download]
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 'Citizenship and Political Participation: The Role of Electoral Rights Under European Union Law', Edinburgh Law School Working Paper Series, 2010/22 (SSRN, 2010) [Download]
Abstract: 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 political practices which grant, or deny, political participation rights to all migrants, regardless of whether they are EU citizens or third country nationals.
Jo Shaw 'Citizenship and Electoral Rights in the Multi-Level 'Euro-Polity': The Case of the United Kingdom', Edinburgh Law School Working Paper Series, 2009/02 (SSRN, 2009) [Download]
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 'Political Rights and Multilevel Citizenship in Europe', Edinburgh Law School Working Paper Series, 2009/14 (SSRN, 2009) [Download]
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 'One or Many Constitutions? The Constitutional Future of the European Union in the 2000s from a Legal Perspective', SIEPS Occasional Papers, 2007:2 (Swedish Institute of European Policy Studies, 2007) [Download]
Abstract: This paper assesses the rise and fall of debates about constitutionalism in the European Union from 2000 until 2006.
Papers and Presentations
Jo Shaw 'European citizenship: an unfinished legal concept' presented at Citizenship and the Lisbon Treaty -Can the British ever be European citizens?, London, 2011
Jo Shaw 'European Citizenship within and across the borders of the EU' presented at EUROPE BEYOND THE STATES. The Role of Southern European Sub-States in Immigration and Other Public Policies, New York University, 2011
Jo Shaw 'European Citizenship within and across the boundaries of the European Union' presented at Europe in the Emerging World Order. Searching for a New Paradigm, Belgrade, Serbia, 2010
Jo Shaw 'The Constitutional Mosaic Across Across the Boundaries of the European Union: Citizenship Regimes in the New States of South Eastern Europe' presented at Law Beyond the Nation State: A Symposium, University of Newcastle, 2010 [Download]
Jo Shaw, Igor Stiks 'The Europeanisation of Citizenship in the Former Yugoslavia' presented at Bosnia: Looking Beyond the Institutions, Palace of the Academies, Brussels, 2010
Jo Shaw, Igor Stiks 'Citizenship and Europeanisation in the new Balkan states: key constitutional questions' presented at Workshop on Europeanization and Enlargement, Bucharest, 2010
Abstract: The focus of this paper is the citizenship regimes of the seven states now established on the territory of the former Yugoslavia, viewed in their wider European context. The paper identifies six principal mechanisms through which exogenous pressures are brought to bear upon these regimes: • Adoption of and compliance with international norms • EU conditionality • Direct intervention by international organisations • Direct supervision by international organisations • Other forms of international pressure • The effects of overlapping regimes between neighbouring states Together these mechanisms contribute to what the paper terms a mosaic-like pattern of intersecting norms which govern the multilevel citizenship regimes which exist in this complex and rapidly changing legal, political and territorial space. Thus even in relation to an issue where ostensibly the EU has no competences as such, that is in relation to the acquisition and loss of national citizenship, distinct effects on citizenship regimes can be seen in a number of the new Balkan states. Alongside various forms of adaptive compliance with 'international standards' in relation to norms of citizenship acquisition and loss, we can also see cases of resistance and non-compliant absorption of international pressures. These points are illustrated by reference to the framework rules governing the boundaries of membership, when viewed in the context of one of the most fundamental elements of European integration, namely the organisation and re-organisation of borders and the principles of freedom of movement. The aim of this paper is to provide a preliminary mapping of these effects, with a view to sketching out a comparative framework for further research into national citizenship regimes under the shadow of Europeanisation in its broadest sense, comprising not only the effects of European Union laws and policies, but also other practices and norms of regional integration. In methodological terms, therefore, the broader challenge of the paper and of the research which underpins it is to bring about a better understanding of the relationship between legal scholarship which focuses on patterns of EU and international legal norms and their domestic impacts, and the wider literature of 'Europeanisation', mainly located within the disciplines of international relations and comparative politics. At present these two literatures rarely intersect. We hope to start a more extended conversation between them.
Jo Shaw 'The constitutional mosaic across the boundaries of the European Union: citizenship regimes in the new states of South Eastern Europe' presented at Rethinking Legal Thinking, University of Helsinki, 2010
Jo Shaw 'Citizenship Regimes in the New States of South Eastern Europe: Thinking About the Mosaic' presented at UACES:Exchanging Ideas on Europe: Europe at a Crossroads (2010), Bruges, Belgium, 2010
Jo Shaw 'Citizenship: European and Comparative Perspectives' presented at Long Term Residence and Naturalisation in Contemporary Britain, Middlesex University, 2010
Jo Shaw 'Citizenship regimes and practices in the new Balkan states: mapping Europeanisation effects' presented at Citizenship and Democracy: Memberships, forms of participation, within and across European territories, Lille, 2010
Jo Shaw 'Citizenship in Times of (Re)integration: the European Union and Post-Yugoslav States' presented at ASEEES Convention, Los Angeles, 2010
Jo Shaw 'The impact of citizenship across the boundaries of the European Union' presented at Political Identities and Identity Politics in Bosnia-Herzegovina, Universite de Geneve, Geneva, 2009
Jo Shaw 'Citizenship in the Enlarged EU' presented at Enlargement - Five Years After: The State of European Integration and New Challenges for the Discipline, Central European University, Budapest, 2009
Jo Shaw 'EU law and nationality law of the Member States' presented at EUCITAC Plenary Conference, European University Institute, Florence, 2009
Jo Shaw 'The implementation of the Citizens' Rights Directive in the UK' presented at Presentation to the Scottish Lawyers' European Group, Faculty of Advocates, Edinburgh, 2009
Jo Shaw 'Citizenship in the European Union: a stock-taking exercise with examples' presented at Jean Monnet Advanced Course in EU Law, Inter-University Centre, Dubrovnik, 2009
Jo Shaw 'Studying citizenship in the European Union' presented at TICOM Talks, Tilburg Institute of Comparative and Transnational Law, 2009
Jo Shaw, Igor Stiks 'Soft Law and European Citizenship' presented at International Jean Monnet Conference 'OPEN METHODS OF COORDINATION' - European Social Model vs. Internal Market, University of Rijeka, Croatia, 2009 [Download]
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).
Jo Shaw 'Citizenship at the Boundaries of Europe' presented at The end of the post-1992 European legal order?, University of Hull, 2009
Jo Shaw 'Citizenship and electoral rights in the multi-level 'Euro-polity': The case of the United Kingdom' presented at Implications of Migrant Citizenship Acquisition, IMISCOE Cluster B3 Conference, Malmo, Sweden, 2009
Professor Jo Shaw
European Law, Policy and Institutions
- Dr Arianna Andreangeli
- Professor Emilios Avgouleas
- Dr Elisenda Casanas Adam
- Dr Rachael Craufurd Smith
- Professor Sir David Edward
- Professor Bill Gilmore
- Dr Robert Lane
- Dr Tobias Lock
- Dr Cormac Mac Amhlaigh
- Dr Gracia Marin-Duran
- Dr Elisa Morgera
- Professor Niamh Nic Shuibhne
- Professor Andrew Scott
- Professor Neil Walker
Gender and Sexuality
- Professor Christine Bell
- Dr Harriet Cornell
- Dr Sharon Cowan
- Dr Luis Duarte d'Almeida
- Professor Anne Griffiths
- Professor Lesley McAra