Martijn Van Den Brink
Biographic Data
| ID | 4382096 |
|---|---|
| NAME | Martijn Van Den Brink |
| GIVEN NAMES | Martijn Van Den |
| FAMILY NAME | Brink |
| SIGNATURE | VAN DEN BRINK M |
| AFFILIATIONS | Hertie School |
| ORCID | 0000-0002-2225-2204 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 16 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2017 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Constitutionalism without principle
Half a century ago, Martin Shapiro discovered that European constitutional scholarship was stuck at a stage of ‘constitutional law without politics’, presenting the EU ‘as a juristic idea; the written constitution as a sacred text; the professional commentary as a legal truth; the case law as the inevitable working out of the ... constitutional text; and the constitutional court as the disembodied voice of right reason’. Recent efforts to doctrin…
Alive and kicking or barely alive? The asymmetry thesis in the twenty-first century EU
Revisiting the asymmetry thesis
The 'asymmetry thesis', articulated by Fritz Scharpf, holds that EU governance is characterised by an asymmetry between positive and negative integration. The EU has well-developed capacities for negative integration but only limited capacities for positive integration. The present paper challenges the orthodoxy that this thesis has become in EU law and political science scholarship. It argues that the asymmetry thesis no longer accurately depict…
Institutional Choice in the Internal Market
Jan Zglinski, Europe's Passive Virtues: Deference to National Authorities in Free Movement Law, Oxford, OUP, 2020, 256 pp, hb £100.00 Eadaoin Ní Chaoimh, The Legislative Priority Rule and the EU Internal Market for Goods, Oxford, OUP, 2022, 320 pp, hb £87.00 Vilija Vėlyvytė, Judicial Authority in EU Internal Market Law, Oxford, Hart, 2022, 312 pp, hb £81.00 Who gets to decide how EU law is made and applied? One would think that this question is a…
The Protected Grounds of Religion and Belief
The article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU’s headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the distinction between and the justification of direct and indirect discrimination, as well as the purpose of protecting against (religious) discrimination.…
Revising Citizenship within the European Union
EU institutions have argued on several occasions that national and EU citizenship should not be awarded without any genuine link with the Member State concerned. Some scholars have adopted the same position, justifying their position referring to the genuine link requirement established by the International Court of Justice in Nottebohm . This has prompted criticism from legal scholars, who point out that Nottebohm was wrong as a matter of intern…
A Qualified Defence of the Primacy of Nationality Over European Union Citizenship
The relationship between EU citizenship and nationality is still defined by ‘linkage’ and ‘derivation’: national citizenship enjoys primacy over and conditions access to EU citizenship. However, because naturalisation decisions have a European dimension as well as a cross-border dimension, various commentators have questioned whether this primacy is desirable. This article examines alternative models of EU citizenship and argues that the answer i…
Justice, Legitimacy and the Authority of Legislation within the European Union
What are we to make of the authority of legislation within the EU? EU lawyers have questioned the significance of legislative decision‐making within the EU. This article challenges these views and argues that the EU legislature must enjoy adequate freedom to shape EU law with the general interest in mind. Institutional accounts that seek to curtail the authority of legislation tend to rest upon ‘content‐dependent’ conceptions of political legitim…
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. …
Citizens in Europe
The book is a collection of essays produced by Offe and Preuß throughout their career. The essays discuss the meaning of and adherence to principles of citizenship, democracy, and constitutionalism within the EU
Revisiting the asymmetry thesis
The 'asymmetry thesis', articulated by Fritz Scharpf, holds that EU governance is characterised by an asymmetry between positive and negative integration. The EU has well-developed capacities for negative integration but only limited capacities for positive integration. The present paper challenges the orthodoxy that this thesis has become in EU law and political science scholarship. It argues that the asymmetry thesis no longer accurately depict…
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. …
Justice, Legitimacy and the Authority of Legislation within the European Union
What are we to make of the authority of legislation within the EU? EU lawyers have questioned the significance of legislative decision‐making within the EU. This article challenges these views and argues that the EU legislature must enjoy adequate freedom to shape EU law with the general interest in mind. Institutional accounts that seek to curtail the authority of legislation tend to rest upon ‘content‐dependent’ conceptions of political legitim…
Alive and kicking or barely alive? The asymmetry thesis in the twenty-first century EU
Citizens in Europe
The book is a collection of essays produced by Offe and Preuß throughout their career. The essays discuss the meaning of and adherence to principles of citizenship, democracy, and constitutionalism within the EU
Justice, Legitimacy and the Authority of Legislation within the European Union
What are we to make of the authority of legislation within the EU? EU lawyers have questioned the significance of legislative decision‐making within the EU. This article challenges these views and argues that the EU legislature must enjoy adequate freedom to shape EU law with the general interest in mind. Institutional accounts that seek to curtail the authority of legislation tend to rest upon ‘content‐dependent’ conceptions of political legitim…
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. …
A Qualified Defence of the Primacy of Nationality Over European Union Citizenship
The relationship between EU citizenship and nationality is still defined by ‘linkage’ and ‘derivation’: national citizenship enjoys primacy over and conditions access to EU citizenship. However, because naturalisation decisions have a European dimension as well as a cross-border dimension, various commentators have questioned whether this primacy is desirable. This article examines alternative models of EU citizenship and argues that the answer i…
Revising Citizenship within the European Union
EU institutions have argued on several occasions that national and EU citizenship should not be awarded without any genuine link with the Member State concerned. Some scholars have adopted the same position, justifying their position referring to the genuine link requirement established by the International Court of Justice in Nottebohm . This has prompted criticism from legal scholars, who point out that Nottebohm was wrong as a matter of intern…
The Protected Grounds of Religion and Belief
The article draws lessons for EU non-discrimination law from the protected grounds of religion and belief through a discussion of the CJEU’s headscarf judgments. The article has two ambitions. First, the judgments are used to draw broader lessons for EU non-discrimination law, in relation to the distinction between and the justification of direct and indirect discrimination, as well as the purpose of protecting against (religious) discrimination.…
Institutional Choice in the Internal Market
Jan Zglinski, Europe's Passive Virtues: Deference to National Authorities in Free Movement Law, Oxford, OUP, 2020, 256 pp, hb £100.00 Eadaoin Ní Chaoimh, The Legislative Priority Rule and the EU Internal Market for Goods, Oxford, OUP, 2022, 320 pp, hb £87.00 Vilija Vėlyvytė, Judicial Authority in EU Internal Market Law, Oxford, Hart, 2022, 312 pp, hb £81.00 Who gets to decide how EU law is made and applied? One would think that this question is a…
Alive and kicking or barely alive? The asymmetry thesis in the twenty-first century EU
Revisiting the asymmetry thesis
The 'asymmetry thesis', articulated by Fritz Scharpf, holds that EU governance is characterised by an asymmetry between positive and negative integration. The EU has well-developed capacities for negative integration but only limited capacities for positive integration. The present paper challenges the orthodoxy that this thesis has become in EU law and political science scholarship. It argues that the asymmetry thesis no longer accurately depict…
Constitutionalism without principle
Half a century ago, Martin Shapiro discovered that European constitutional scholarship was stuck at a stage of ‘constitutional law without politics’, presenting the EU ‘as a juristic idea; the written constitution as a sacred text; the professional commentary as a legal truth; the case law as the inevitable working out of the ... constitutional text; and the constitutional court as the disembodied voice of right reason’. Recent efforts to doctrin…
Political science (8 works) · European Union Policy and Governance (7 works) · Law (7 works) · Law and economics (7 works) · Sociology (7 works) · Economics (6 works) · Politics (6 works) · European and International Law Studies (5 works) · European union (5 works) · Citizenship (4 works)