Dimitry Kochenov
Datos Biográficos
| ID | 4375715 |
|---|---|
| NOMBRE | Dimitry Kochenov |
| NOMBRES | Dimitry |
| APELLIDO | Kochenov |
| FIRMA | KOCHENOV D |
| AFILIACIONES | University of Groningen |
| ORCID | 0000-0001-9266-1188 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 30 |
| TOTAL DE CITAS | 44 |
| TOTAL COMO AUTOR | 28 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 2007 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2026 |
| ÍNDICE H | 4 |
Supremacy Rule of Law in the Service of a Depoliticised Democracy—Pondering the Nature of the EU's ‘Social Contract’
Seeing the EU roughly as a political system designed to remove the most essential political decisions from democratic control, while in a large part abiding by legal frameworks, we could speak about an opposition between technocratic legalism and democracy. At best, the EU offers a democracy of means, with limited capacity to affect the ends of the project. Most recently, even this limited democracy came under attack through a further reduction o…
Confronting the Citizenship’s Sacred Blood Aristocracy Principle
The recent growth of the investment migration industry is closely linked to the inequality in the rights and obligations linked to different citizenships. In a world where inequalities are spatialised, the space where one is allowed to live is the most significant determinant of prosperity, education, safety and economic success. Citizenships are keys to spaces and thus the core tool of global inequalities today: a personal legal status that open…
EU Lawlessness Law at the EU-Belarusian Border
This paper engages with the routine normalisation of mass violations of human rights at the EU–Belarusian border. The direct and indirect victimisation of the racialised ‘other’ on the Eastern border of the Union is a direct extension of the EU-sponsored war on the racialised passport-poor in the Mediterranean. Together, the two form one clear and coherent picture of flagrant mass rights abuse. This EU law approach has claimed more than 27,000 li…
Statelessness
A new approach to statelessness has emerged in the literature on the topic. Taking citizenism as a starting point and pioneered by Swider and Bloom, this approach offers a completely fresh paradigm for studying and understanding the statelesseness phenomenon. In the contemporary global context where citizenships are deeply unequal and racialized, the focus on rights invites us to dismiss the baseless presumption that fighting statelessness is alw…
Citizenship and Residence Sales
Citizenship and residence by investment is a fast-growing global phenomenon. As of 2022, more than a third of all countries in the world offered paths to membership in exchange for a donation or investment into their economies. Yet we know little about how these programmes operate and debates in academia and the wider public are often misinformed by sensationalist cases. This book offers a multidisciplinary exploration of both citizenship and res…
Citizenship and Residence Sales
Reconciling Theory and Practice of the Rule of Law in the European Union
Achmea versus the Rule of Law
We demonstrate that the CJEU’s Achmea judgment has resulted in significantly more damage beyond the termination of intra-EU BITs. It made the application of EU law difficult, if not impossible. Indeed, it has opened the floodgate to deficient judicial protection in the face of structural backsliding of the rule of law in some EU Member States. While the motives of the CJEU and by extension the European Commission to safeguard their ultimate contr…
Kirchberg Salami Lost in Bosphorus
In)dependence is by definition relational: it is the independence from or the dependence on something or somebody. Thus, metaphorically speaking, its assessment cannot be limited to a microscopic study of one slice of a salami, without having regard to the rest of the salami stick... The European Union (EU) is a project of integration through law. President Lenaerts presents this official position well: 'Integration through the rule of law define…
Reconsidering EU citizenship
Citizenship
The story of citizenship as a tale not of liberation, dignity, and nationhood but of complacency, hypocrisy, and domination. The glorification of citizenship is a given in today's world, part of a civic narrative that invokes liberation, dignity, and nationhood. In reality, explains Dimitry Kochenov, citizenship is a story of complacency, hypocrisy, and domination, flattering to citizens and demeaning for noncitizens. In this volume in the MIT Pr…
Against Associate EU Citizenship
UK nationals will lose their EU citizenship status as a result of the Brexit referendum. To prevent this, several commentators, including the European Parliament Brexit negotiator Guy Verhofstadt, proposed to grant associate EU citizenship to UK nationals to safeguard their rights as EU citizens after Brexit. We make the case against associate EU citizenship, dismissing it on three grounds. First, it violates the letter and the spirit of EU law. …
Escapist Technology in the Service of Neo-Feudalism
New technologies, when deployed without addressing the flaws of the current legal-political reality are bound to become anything but an instrument of empowerment and liberation. It would be a grave mistake to put technology to the service of the mythology of citizenship, instead of interrogating citizenship’s essence and functions and questioning its darker corners.
Citizenship for Real
Lawyers and political scientists opposed to the idea of selling citizenship will not have any arguments to support their position, should rich misleading assumptions and selfless rhetorical pirouettes – priceless in fiction writing – useless in legal studies – be removed from their often passionate advocacy. I review the usual rotations lending such pirouettes appeal: of the intrinsic value of citizenship, of equality and nondiscrimination, of th…
The Enforcement of EU Law and Values
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and this book dissects the essence of this crisis, examining its history and offerin…
Regional Defiance and Enforcement of Federal Law in Spain
This chapter analyses three cases of challenges to the federal law in Spain. These episodes can offer an ideal opportunity to consider the resources available to the Spanish constitutional system in order to impose compliance with federal law. The first issue under discussion is the so-called ‘Ibarretxe plan’, which initially consisted of the proposal for a ‘New Political Statute’ for the Basque Country, which was rejected by the Lower House of t…
EU Citizenship and Federalism
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the…
Neo-Mediaeval Permutations of Personhood in the European Union
Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation
This article first offers an overview of the European Commission's Rule of Law Framework, which was adopted in March 2014. The mechanism's potential effectiveness and the Commission's reasoning to justify its first activation against Poland in January 2016, when it has failed to do so against Hungary, are subsequently analyzed. While the Commission should be commended for seeking to address increasing rule of law backsliding at Member State level…
Introduction
Faced with what has been labeled ‘rule of law backsliding’ in some EU countries, EU institutions have sought to address the rise of ‘illiberal regimes’ via existing mechanisms as well as new instruments. This introductory contribution offers an overview of the problem and a brief summary of the papers to follow and which were first presented at a workshop co‐organized by the Bingham Centre for the Rule of Law and Middlesex University London
Thanking the Greeks
This paper showcases the weaknesses of eu enlargement law and demonstrates how one Member State – namely, Greece – is notable for abusing this weakness, for harming the candidate countries, the eu , and the institutions alike, for stripping the eu position of its predictability, and for undermining the eu Commission’s efforts. Accordingly, Greece has severely incapacitated the key procedural rule of law component of the eu ’s enlargement regulati…
The Essence of Eu Citizenship Emerging From the Last Ten Years of Academic Debate
This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points. It explores EU citizenship's relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multi-level governance, and its impact on the lives o…
New developments in the European Neighbourhood Policy
Samantha Currie. Migration, Work and Citizenship in the Enlarged European Union
Michael Gazzaniga's brilliant study neuropsychology split-brain patients was based on the analysis the condition a tiny sample subjects. Some aphasia studies produce convincing results working with two or three subjects: more are simply difficult to find. It is generally accepted, however, that in order to reach sound conclusions a representative sample subjects is usually needed. Samantha Currie's book, claiming to be of a nature (at 4) uses a s…
Robert Schutze. From Dual to Cooperative Federalism
The study of European law is finally saved from the dark age of narcissistic ideology of sui generis thinking. That the EU is unique is probably true, but certainly not from the point of view of legal studies. Notwithstanding the first stages of the study of EU law inspired by federative thinking (especially with the help of American scholars versed in federalism theory), the philosophy of EU law soon entered a state of flux where it long remaine…
Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation
This article first offers an overview of the European Commission's Rule of Law Framework, which was adopted in March 2014. The mechanism's potential effectiveness and the Commission's reasoning to justify its first activation against Poland in January 2016, when it has failed to do so against Hungary, are subsequently analyzed. While the Commission should be commended for seeking to address increasing rule of law backsliding at Member State level…
Introduction
Faced with what has been labeled ‘rule of law backsliding’ in some EU countries, EU institutions have sought to address the rise of ‘illiberal regimes’ via existing mechanisms as well as new instruments. This introductory contribution offers an overview of the problem and a brief summary of the papers to follow and which were first presented at a workshop co‐organized by the Bingham Centre for the Rule of Law and Middlesex University London
The Transformation of Citizenship in the European Union
Against Associate EU Citizenship
UK nationals will lose their EU citizenship status as a result of the Brexit referendum. To prevent this, several commentators, including the European Parliament Brexit negotiator Guy Verhofstadt, proposed to grant associate EU citizenship to UK nationals to safeguard their rights as EU citizens after Brexit. We make the case against associate EU citizenship, dismissing it on three grounds. First, it violates the letter and the spirit of EU law. …
Statelessness
A new approach to statelessness has emerged in the literature on the topic. Taking citizenism as a starting point and pioneered by Swider and Bloom, this approach offers a completely fresh paradigm for studying and understanding the statelesseness phenomenon. In the contemporary global context where citizenships are deeply unequal and racialized, the focus on rights invites us to dismiss the baseless presumption that fighting statelessness is alw…
New developments in the European Neighbourhood Policy
Kirchberg Salami Lost in Bosphorus
In)dependence is by definition relational: it is the independence from or the dependence on something or somebody. Thus, metaphorically speaking, its assessment cannot be limited to a microscopic study of one slice of a salami, without having regard to the rest of the salami stick... The European Union (EU) is a project of integration through law. President Lenaerts presents this official position well: 'Integration through the rule of law define…
EU Influence on the Citizenship Policies of the Candidate Countries
Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its eth…
EU Influence on the Citizenship Policies of the Candidate Countries
Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its eth…
La libre circulation des personnes. Etats des lieux et perspectives
The Transformation of Citizenship in the European Union
Equality Law in an Enlarged European Union. Understanding the Article 13 Directives
Peter Van Elsuwege. From Soviet Republics to EU Member States
Samantha Currie. Migration, Work and Citizenship in the Enlarged European Union
Michael Gazzaniga's brilliant study neuropsychology split-brain patients was based on the analysis the condition a tiny sample subjects. Some aphasia studies produce convincing results working with two or three subjects: more are simply difficult to find. It is generally accepted, however, that in order to reach sound conclusions a representative sample subjects is usually needed. Samantha Currie's book, claiming to be of a nature (at 4) uses a s…
Robert Schutze. From Dual to Cooperative Federalism
The study of European law is finally saved from the dark age of narcissistic ideology of sui generis thinking. That the EU is unique is probably true, but certainly not from the point of view of legal studies. Notwithstanding the first stages of the study of EU law inspired by federative thinking (especially with the help of American scholars versed in federalism theory), the philosophy of EU law soon entered a state of flux where it long remaine…
New developments in the European Neighbourhood Policy
The Essence of Eu Citizenship Emerging From the Last Ten Years of Academic Debate
This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points. It explores EU citizenship's relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multi-level governance, and its impact on the lives o…
Thanking the Greeks
This paper showcases the weaknesses of eu enlargement law and demonstrates how one Member State – namely, Greece – is notable for abusing this weakness, for harming the candidate countries, the eu , and the institutions alike, for stripping the eu position of its predictability, and for undermining the eu Commission’s efforts. Accordingly, Greece has severely incapacitated the key procedural rule of law component of the eu ’s enlargement regulati…
Neo-Mediaeval Permutations of Personhood in the European Union
Better Late than Never? On the European Commission's Rule of Law Framework and its First Activation
This article first offers an overview of the European Commission's Rule of Law Framework, which was adopted in March 2014. The mechanism's potential effectiveness and the Commission's reasoning to justify its first activation against Poland in January 2016, when it has failed to do so against Hungary, are subsequently analyzed. While the Commission should be commended for seeking to address increasing rule of law backsliding at Member State level…
Introduction
Faced with what has been labeled ‘rule of law backsliding’ in some EU countries, EU institutions have sought to address the rise of ‘illiberal regimes’ via existing mechanisms as well as new instruments. This introductory contribution offers an overview of the problem and a brief summary of the papers to follow and which were first presented at a workshop co‐organized by the Bingham Centre for the Rule of Law and Middlesex University London
The Enforcement of EU Law and Values
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and this book dissects the essence of this crisis, examining its history and offerin…
Regional Defiance and Enforcement of Federal Law in Spain
This chapter analyses three cases of challenges to the federal law in Spain. These episodes can offer an ideal opportunity to consider the resources available to the Spanish constitutional system in order to impose compliance with federal law. The first issue under discussion is the so-called ‘Ibarretxe plan’, which initially consisted of the proposal for a ‘New Political Statute’ for the Basque Country, which was rejected by the Lower House of t…
EU Citizenship and Federalism
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the…
Escapist Technology in the Service of Neo-Feudalism
New technologies, when deployed without addressing the flaws of the current legal-political reality are bound to become anything but an instrument of empowerment and liberation. It would be a grave mistake to put technology to the service of the mythology of citizenship, instead of interrogating citizenship’s essence and functions and questioning its darker corners.
Citizenship for Real
Lawyers and political scientists opposed to the idea of selling citizenship will not have any arguments to support their position, should rich misleading assumptions and selfless rhetorical pirouettes – priceless in fiction writing – useless in legal studies – be removed from their often passionate advocacy. I review the usual rotations lending such pirouettes appeal: of the intrinsic value of citizenship, of equality and nondiscrimination, of th…
Citizenship
The story of citizenship as a tale not of liberation, dignity, and nationhood but of complacency, hypocrisy, and domination. The glorification of citizenship is a given in today's world, part of a civic narrative that invokes liberation, dignity, and nationhood. In reality, explains Dimitry Kochenov, citizenship is a story of complacency, hypocrisy, and domination, flattering to citizens and demeaning for noncitizens. In this volume in the MIT Pr…
Against Associate EU Citizenship
UK nationals will lose their EU citizenship status as a result of the Brexit referendum. To prevent this, several commentators, including the European Parliament Brexit negotiator Guy Verhofstadt, proposed to grant associate EU citizenship to UK nationals to safeguard their rights as EU citizens after Brexit. We make the case against associate EU citizenship, dismissing it on three grounds. First, it violates the letter and the spirit of EU law. …
Reconsidering EU citizenship
Reconciling Theory and Practice of the Rule of Law in the European Union
Achmea versus the Rule of Law
We demonstrate that the CJEU’s Achmea judgment has resulted in significantly more damage beyond the termination of intra-EU BITs. It made the application of EU law difficult, if not impossible. Indeed, it has opened the floodgate to deficient judicial protection in the face of structural backsliding of the rule of law in some EU Member States. While the motives of the CJEU and by extension the European Commission to safeguard their ultimate contr…
Kirchberg Salami Lost in Bosphorus
In)dependence is by definition relational: it is the independence from or the dependence on something or somebody. Thus, metaphorically speaking, its assessment cannot be limited to a microscopic study of one slice of a salami, without having regard to the rest of the salami stick... The European Union (EU) is a project of integration through law. President Lenaerts presents this official position well: 'Integration through the rule of law define…
Citizenship and Residence Sales
Citizenship and residence by investment is a fast-growing global phenomenon. As of 2022, more than a third of all countries in the world offered paths to membership in exchange for a donation or investment into their economies. Yet we know little about how these programmes operate and debates in academia and the wider public are often misinformed by sensationalist cases. This book offers a multidisciplinary exploration of both citizenship and res…
Political science (27 obras) · Law (22 obras) · Politics (20 obras) · Sociology (19 obras) · European union (16 obras) · Economics (15 obras) · Law (15 obras) · Citizenship (14 obras) · European Union Policy and Governance (14 obras) · European and International Law Studies (13 obras)