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ELEANOR SPAVENTA


Courses a.y. 2018/2019

50043 DIRITTO DELL'UNIONE EUROPEA [EUROPEAN UNION LAW]
50064 CIVIL LIBERTIES AND HUMAN RIGHTS
50164 THE LAW OF THE EUROPEAN UNION

Biographical note

Eleanor holds a laurea in law from the Universita' La Sapienza in Rome, an LL.M in European Law from the University of Cambridge, and a D.Phil in European Law from the University of Oxford.


Academic CV

Eleanor starter her academic career as a Norton Rose European Law Lecturer at the University of Cambridge (New Hall, now Murray Edwards, 2000-2004), where she taught European Law, and supervised EU law and UK Constitutional Law. She also acted as Director of Studies for the College. Eleanor then moved to the University of Birmingham, where she was a lecturer from 2004-to 2006 and to Durham Law School, where she was first Reader and the Professor of European Union Law (2006-2018). Whilst at Durham she was also the Director of the Durham European Law Institute (2006-2011; and 2016-17).  
Eleanor has been visiting professor in several institutions, including the College of Europe in Natolin, and has held fellowships at the European University Institute (Fernand Braudel Senior Fellowship) and at the Institute of Advanced Studies in Durham.
Eleanor has authored and co-authored reports commissioned by the European Parliament PETI committee and by the European Commission (DG EMPL), as well as giving evidence to national policy makers. Her work has been quoted by several Advocates General in front of the European Court of Justice.


Research areas

European Union Law, European Union constitutional Law, EU Fundamental Rights, EU internal Market, EU citizenship, Brexit.


Selected publications

Publications

Free movement of persons in the EU. Barriers to movement in their constitutional context (Kluwer Law International, 2007, ISBN 9789041124708)

Wyatt and Dashwood’s European Union Law (6th edition, 2011, Hart Publishing), A. A. Dashwood, M. Dougan, B. Roger, and D. Wyatt; editor together with M. Dougan; chapters on General Principles, Fundamental Rights; Charter of Fundamental Rights; Free Movement of Goods (2 chapters); Union Citizenship; Free Movement of Workers.

Wyatt and Dashwood’s European Union Law (5th edition, 2006, ISBN 0421925604), with A. Arnull, A. A. Dashwood, M. Dougan, M. Ross, and D. Wyatt; new chapters on fundamental rights; Charter of Fundamental Rights; Union Citizenship; extensive updating and re-writing of the chapter on workers and general principles; updating of two chapters on free movement of goods.

EDITED Collections

Empowerment and Disempowerment of the European Citizen (with M. Dougan and N. NicShuibhne), Hart Publishing, October 2012 (ISBN 9781849462358).

The EU and Global Emergencies (with A. Antoniadis and R. Schütze) Hart Publishing 2011 (ISBN 1849460825).

A Constitutional Order of States – Essays in Honour of Alan Dashwood (with A Arnull, C Barnard, M Dougan) Hart Publishing 2011 (ISBN 9781849460460), reviewed (2012) European Law Review 504.

Social Welfare and EU Law (with M. Dougan), edited collection of essays, Hart Publishing 2005 (ISBN 1-84113-490-2), reviewed (2008) 14 European Public Law 132-134; (2007) Public Law 394-396; (2006) 46 Common Market Law Review 906-909.

Articles

‘Fundamental Rights in EU Law’ in C Barnard and S Peers European Union Law 2nd edition (OUP 2017; previous edition 2014), ch. 9.

“Commento al Protocollo no 8” in Pollicino, Mastroianni Razzolini, Allegrezza e Pappalardo eds) Commentario alla Carta dei Diritti Fondamentali (Commnetary to the Charter of Fundamental Rights), Giuffre’ 2016.

“What is left of Union Citizenship?” in Inclusion and Exclusion in the European Union – collected papers, Amesterdam 2016,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2835345##

‘Once a foreigner always a foreigner: who does not belong here anymore? Expulsion measures’ in H Verschueren (ed) Residence, employment and social rights of mobile persons. On how EU law defines where they belong? (Intersentia, 2016), p. 89-110.

‘Economic justifications and Union Citizenship: Reallocating welfare responsibilities to the State of origin’ in P Koutrakos, N Nic Shuibhne & P Syrpis, Exceptions from EU Free Movement Law - Derogation, Justification and Proportionality (Oxford, Hart Publishing, 2016).

‘Earned Citizenship: Understanding Union Citizenship through its Scope’ in D Kochenov Citizenship and Federalism in the European Union: the Role of Rights (Cambridge University Press 2017), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497941 (top ten downloads on EU citizenship).         

‘A Very Fearful Court? The Protection of Fundamental Rights in the EU after Opinion 2/13’ (2015) Maasticht Journal of European and Comparative Law 35-56

‘Family rights for circular migrants and frontier workers: O and B,and S and G’ (2015) CMLRev 753-778

‘Striving for Equality: who ‘deserves to be a Union citizen?’ in Liber Amicorum Giuseppe Tesauro (Editoriale Scientifica, Napoli), 2449-2466.

‘The Free Movement of Workers in the 21st Century’ in A Arnull and D Chalmers The Oxford Handbook of EU Law (OUP 2015), ch. 18.

 ‘Commentary on Article 45 Charter’, in S Peers, T Hervey, J Kenner and A Ward (eds) The EU Charter of Fundamental Rights. A Commentary (Oxford, Hart Publishing, 2014) 1161-1176

‘Counter-Terrorism and Fundamental Rights: judicial challenges and legislative changes after the rulings in Kadi and PMOI’ in A. Antoniadis, R. Schütze and E. Spaventa (eds) The EU and Global Emergencies (Hart Publishing, 2011) p. 105-124.

‘The Horizontal Application of Fundamental Rights as General Principles of Union Law’ in A Arnull, C Barnard, M Dougan and E Spaventa (eds) A Constitutional Order of States – Essays in Honour of Alan Dashwood (Hart Publishing, 2011) p. 199-218.

‘The Constitutional Effect of Union Citizenship’ in U. Neergard, R. Nielsen, L. Roseberry (eds) The Role of the Courts in Developing a European Social Model - Theoretical and Methodological Perspective (2010 Copenhagen DOJ publishing)

‘The impact of articles 12, 18, 39 and 43 of the EC Treaty on the coordination of social security systems’ in Yorens and Couchier (eds) The present, past and future of social security co-ordination (also translated in French and German, 11,260 words)

‘Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos’ (2009) European Law Review 914-932

‘Annotation on the PMOI rulings’ (2009) Common Market Law Review 1239-1263

‘The Rule of which Law: Use of legal languages in narratives of the anni di piombo’, P. Antonello & A. O’Leary (eds) Imagining Terrorism: The Rhetoric and Representation of Political Violence in Italy 1969 – 2006 (Leeds, Maney Legenda, 2009), p. 116-127.

‘The Outer Limit of the Treaty Free Movement Provisions: Some Reflections on the Significance of Keck, Remoteness and Deliège’ in Barnard and Odudu (eds) The Outer Limits of European Law (Oxford, Hart Publishing, 2009), p. 245-272.

‘Federalization versus Centralization: Tensions in Fundamental Rights Discourse in the European Union’ in Dougan and Currie (eds) 50 Years of the European Treaties (Oxford, Hart Publishing, 2009), p. 343-364.

‘Seeing the Wood Despite the Trees? On the Scope of Union Citizenship and its Constitutional Effects’ (2008) Common Market Law Review 13-45  

‘Fundamental Rights and the Interface between Second and Third Pillar’ in A. Dashwood and M. Maresceau (eds) Recent Trends in the External Relations of the European Union (Cambridge, CUP, 2008), p. 122-144.

‘Fundamental What? The Difficult Relationship between Foreign Policy and Fundamental Rights’ in M. Cremona and B. de Witte (eds) EU Foreign Relations law: Constitutional Fundamentals, p. 233-255 (Oxford, Hart Publishing, 2008).

‘Opening Pandora’s Box: Some Reflections on the Constitutional Effects of the Ruling in Pupino’ (2007) European Constitutional Law Review 5-24

‘Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law’ (2006) Yearbook of European Law 153-176

‘Wish You Weren’t Here … New Models of Social Solidarity in the EU’ (with M. Dougan) in M. Dougan and E. Spaventa (eds) Social Welfare and EU Law, (Oxford, Hart Publishing, 2005), 181-218.

‘Annotation on Caixa-Bank’ (2005) Common Market Law Review 1151-1168

 ‘Annotation on Akrich’ (2005) Common Market Law Review 225-239

‘From Gebhard to Carpenter: Towards a (Non-)Economic European Constitution’ (2004) Common Market Law Review 743-773

 ‘Public Services and European Law: Looking for Boundaries’ (2002-3) Cambridge Yearbook of European Legal Studies 271-291

‘Educating Rudy and the (non-)English Patient: A Double-Bill on Residency Rights under Article 18 EC’ (2003) European Law Review 699-712 (with M. Dougan)
 
 ‘Draft Constitutional Treaty of the European Union’ (2003) European Law Review 3-40  (with A. A. Dashwood, M. Dougan, A. C. Johnston, C. Hillion), presented to the Convention on the Future of Europe by Mr Hain MP, and also published on the Convention’s web site as document CONV 345/1/02 REV 1, http://register.consilium.eu.int/pdf/en/02/cv00/00345-r1en2.pdf

‘Annotation on Jippes’ (2002) Common Market Law Review 1159-1170

‘Annotation on Belgium v Spain’ (2001) Common Market Law Review 211-219

‘On Discrimination and the Theory of Mandatory Requirements’ (2000) Cambridge Yearbook of European Legal Studies 457-478

‘Annotation on TK-Heimdienst’ (2000) Common Market Law Review 1265-1275

‘Il Genetic Privacy Act’ (1998) Rivista Critica di Diritto Privato (Critical Journal of Private Law) 245-258

Policy Impact and Reports

European Parliament, Joint Hearing of the EMPL, LIBE, PETI committees, “Citizens’ rights after Brexit”, 1st February 2018, wirtten update to follow (http://ec.europa.eu/avservices/video/player.cfm?sitelang=en&ref=I150320)

European Parliament (PETI Committee) study The Impact of Brexit in relation to the right of petition and on the competences, responsibilities and activities of the Committee on Petitions (Impact of Brexit on Citizens’ rights), single authored report commissioned by the PETI Committee, http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583154/IPOL_STU(2017)583154_EN.pdf. Report presented at the public hearing of the PETI Committee on 21st June 2017.

Scottish Parliament invited to give evidence at the hearing of the culture and media committee on 15th December 2016, https://www.youtube.com/watch?v=SJWoqK6Zw8s , written evidence available ob http://www.parliament.scot/S5_European/General%20Documents/CTEER_EURef_SupEv_E.Paventa.pdf.  

European Parliament (PETI Committee), in depth study Article 51 of the Charter of Fundamental Rights: the dilemma of its stricter or broader interpretation, single authored report commissioned by the PETI Committee (http://www.europarl.europa.eu/RegData/etudes/STUD/2016/556930/IPOL_STU%282016%29556930_EN.pdf). Report presented at the public hearing held at the European Parliament on 23 February 2016; also advised one of the MEPs on the rule of law initiative.

Analytical and comparative report on atypical employment contracts, co-authored with C. O’ Brien, http://ec.europa.eu/social/main.jsp?langId=en&catId=1098. This analyses the legislation of all 28 Member States and it is likely to have further policy impact. The report has been presented to the representatives of the 28 Member States and the European Commission on 8th April 2016.

Analytical report on the notion of restriction in the free movement of workers (co-authored, 2015) http://ec.europa.eu/social/main.jsp?catId=1097&langId=en 

Evidence submitted to the UK Government Review on the Balance of Competences between the United Kingdom and the European Union: Fundamental Rights (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/334999/review-of-boc-between-uk-eu-fundamental-rights.pdf), quoted repeatedly in final report