European Citizenship: Restrictions and Rights

Professor Jo Shaw’s teaching and research focuses on the EU constitution and institutions particularly in socio-legal and interdisciplinary perspectives.  She 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. Shaw 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.

Shaw’s work on citizenship has recently been cited in UK Government and EU Commission reports.

Citizenship in an Independent Scotland

A recent UK Home Office paper, ‘Scotland Analysis: Borders and Citizenship’ produced to help inform the debate on the forthcoming Scottish Referendum on Independence, cited Shaw’s work.

The paper, which was presented to Parliament by the Secretary of State for the Home Department, cited Shaw’s working paper ‘Citizenship in an Independent Scotland: Legal Status and Political Implications’.

The Government paper considers the implications for borders and citizenship should Scotland’s voters say ‘Yes’ to Scottish independence on 18 September 2014. It outlines ‘how the current UK framework benefits the whole of the UK, including Scotland, explores the challenges which an independent Scottish state could face in assuming control of its borders and considers the difficult choices that the people in Scotland would have to face on issues such as citizenship and nationality’.

In addition to Shaw’s work, which was inspired by her work on citizenship in the new states of South East Europe, the paper also cites work by Dr Igor Štiks, CITSEE senior researcher, and other collaborators working within the framework of the EUDO Citizenship Observatory which Jo Shaw co-directs.

Scotland Analysis: Borders and Citizenship

Prof Shaw’s cited paper can be downloaded from the CITSEE website.

EU Voting Rights

Shaw was the only academic cited in the European Commission’s Communication Addressing the Consequences of Disenfranchisement of Union Citizens exercising their Right to Free Movement. The Commission consulted Shaw’s article ‘E. U. Citizenship and Political Rights in an Evolving European Union’ (2007) 75 Fordham Law Review 2549, 2567. (Available here.)

However, it rejected ‘the suggestion advanced by the EUDO Co-Director Jo Shaw that Member States could use the Open Method of Coordination, or a set of bilateral processes within the framework of an overarching international convention, in order to ensure that voting rights for EU citizens are granted in the state where they live. Shaw had suggested that the reciprocity between the UK and Ireland in relation to national voting rights of each other's citizens could be a laboratory for cooperation amongst the Member States’.

Law and Migration

Shaw was featured in the University of Edinburgh’s ‘Big Idea Podcast’ for January 2014. In it, she discussed the recent relaxation of restrictions for Romanians and Bulgarians to live and work in the UK.

The University of Edinburgh’s monthly podcast features academics from across the University discussing contemporary issues and sharing their research and expertise. This edition looked at the Olympics and EU migration, with Prof Shaw providing an explanation about what the law says on the recent relaxation of migration restrictions that has caused so much debate in the media, government, and public.

Big Idea Podcast (January 2014)

Related links

Europeanisation of Citizenship in the Successor States of the Former Yugoslavia (CITSEE)

EUDO-Citizenship Observatory

Institute for Advanced Studies in the Humanities (IASH)

Jo Shaw TV

Related postgraduate study at Edinburgh Law School

LLM in European Law

LLM in Human Rights