“Hand-to-mouth” citizenship: decision time for the UK Supreme Court on the substance of Zambrano rights,EU citizenship and equal treatment

UK benefit rules strip Zambrano residence rights, for UK national children and their third country national primary carers, of equal treatment entitlement. These rules are challenged in a case pending before the UK Supreme Court. This piece argues that Zambrano creates an EU-citizenship-based right to reside which necessarily entails equal treatment. UK national children in Zambrano families fall within the scope of EU law so are not prevented by the wholly internal rule from claiming equal treatment with EU national children in Teixeira families. And they are protected by equal treatment as a general principle of EU law, which requires equal treatment with other UK national children. The justifications for automatic unequal treatment put forward before, and accepted with alacrity by, the Court of Appeal, are poorly reasoned and ill-matched with the rules in question – most notably because Zambrano families may have strong connections with the UK. A CJEU reference is likely; a Zambrano right is the right to reside in the Union – it is the right to have EU rights. The substance of EU citizenship is at stake.     

REVIEWS

Readings in Faith and Suspicion

Jean Radford, Dorothy Richardson, Harvester Wheatsheaf, £9.95 pbk.

Alison Light, Forever England: Femininity, Literature and Conservatism Between the Wars, Routledge, £10.99 pbk.

Philosophical Passions

Margaret Whitford, Luce Irigaray: Philosophy in the Feminine, Rout‐ledge, £35 hbk, £9.99 pbk.

Margaret Whitford (ed.), The Irigaray Reader, Blackwell, £12.95.

Contested Sites

Marianne Hirsch and Evelyn Fox Keller (eds), Conflicts in Feminism, Routledge, $49.50 hbk, $15.95 pbk.

Writing Victorian Women and Victorian Women Writing

Christina Crosby, The Ends of History: Victorians and ‘The Woman Question’, Routledge, $49.95 hbk, $14.95 pbk, £10.99 pbk.

Anita Levy, Other Women: The Writing of Class, Race, and Gender, 1832–1898, Princeton University Press, $35 hbk, $9.95 pbk.

Thais E. Morgan (ed.), Victorian Sages and Cultural Discourse: Renegotiating Gender and Power, Rutgers University Press, $38 hbk, $15 pbk.

Ann Russo and Cheris Kramarae (eds), The Radical Women's Press of the 1850s, Routledge, $35.     

What does Brexit Mean for the UK's Climate Change Act?

This article examines the potential implications of the United Kingdom's exit from the European Union (so‐called ‘Brexit’) for the success and survival of the country's flagship climate policy, the Climate Change Act 2008. The impact of a ‘soft’ and a ‘hard’ Brexit for the main features of the Climate Change Act are assessed, building on documentary evidence and elite interviews with key policy‐makers and policy‐shapers. The article argues that the long‐term viability of the Climate Change Act was being threatened even before the EU referendum, and that Brexit will do little to improve this situation. Even though the existence of the Climate Change Act is not under immediate threat, a range of issues presented by Brexit risk undermining its successful implementation.     

Established and emergent political subjectivities in circular human geographies: transnational Arab activists

In this paper, we argue that Arab transnational citizenship mobilization can be configured through ‘geographies of circularity’ (e.g. bridging multiple locales, encircling the state, transversally stirring political subjectivities, and in the full-circle return of identity). Circularity helps ground and highlight the character and significance of transnational political and social activism, and the transfer of communications, skills, behaviors, organizational forms, tools, and projects (political technologies’) for citizenship. Based on the networks initiated by the Arab revolts, we argue that Arab émigrés, workers, and students – framed here as Arab transnationals – traverse and embody these geographies of circularity and leverage connectivity to mobilize citizenship claims and remit/ bridge/diffuse/export/import important progressive ideas and values locally in the western world and into the Middle East and North Africa (MENA) region.     

Exploring the Political Agency of Humanitarian NGOs: Médecins Sans Frontières During the European Refugee Crisis

Due to the recent high influx of refugees, migration has become one of the most politicised issues within the European Union (EU). To explore the political agency of humanitarian NGOs, this article analyses the behaviour of Médecins Sans Frontières (MSF) during the peak of the influx from April 2015 to June 2016. Outrage about the EU’s response to the refugee crisis triggered confrontational and politicised strategies from MSF that aimed to enhance contestation and mobilise public opinion. The proximity of the crisis and the organisation’s independence and decentralised structure facilitated this political agency. Furthermore, neither MSF’s strong commitment to the humanitarian principles of neutrality, impartiality and independence, nor its cooperative ties to national and international political elites, hindered its political actions in this situation. This article therefore refutes the common perspective that humanitarian NGOs are generally cooperative and, ultimately, depoliticising agents in global governance. Under certain conditions, humanitarian NGOs can decide to become highly political and confrontational in opposing national and EU policies.     

Is Co-decision Good for the Environment? An Analysis of the European Parliament's Green Credentials

The European Parliament (EP) has long been regarded as a positive force for environmental change in the EU, but there has been little detailed empirical scrutiny to determine whether its reputation as a green champion is deserved. Nor has there been any evaluation of the environmental impact of the increase in EP powers under co-decision. These oversights are rectified by an evaluation of the EP's amendments to environmental legislation using typologies that rank them in terms of their level of ecological commitment and importance. EP amendments proposed under three procedures of decision making are compared in order to determine whether recent increases in the EP's powers under the co-decision procedure have affected its ability and willingness to adopt 'green' amendments. It is clear that the EP has consistently tried to strengthen environmental legislation but there is some ambiguity as to whether co-decision has been good for the environment.     

On the efficiency of law: A public choice perspective

The authors thank Robert Higgs, Charles Rowley, and Gordon Tullock for helpful comments on an earlier draft. They also thank participants at the Law and Economics Session of the Public Choice Society's 1989 annual meetings for constructive suggestions.