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Tom Boekestein's picture

Email

tlb35@cam.ac.uk

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Education CV

Current Research

Tom's research focusses on the concept of essence of rights in EU Law and its links with EU Citizenship and Citizens' rights. His works analyses the origins and theoretical underpinnings of essence to develop a framework of understanding for the use of the concept in EU Law. Using this as the foundation, Tom's work discusses the implications of the essence of rights for current and future CJEU case law in the field of EU Citizenship and Constitutional Law, as well as its implications for further EU Integration in these fields. 

Education and Professional Background

Tom is currently the Trainee in the Chambers of Judge Bernd Hammerman at the EFTA Court. Before commencing his Ph.D., he obtained his LL.M. at the University of Cambridge and was awarded an E.M. Burnett prize for a first in law (2018). He also holds a LL.B. (cum laude) in European Law from the University of Maastricht (2017). Tom previously supervised the Tripos Paper in EU Law at Pembroke and Newnham College (2019-2021) and worked at the University of Maastricht as a teaching assistant during his undergraduate studies. Tom was the Editor-in-Chief of the Cambridge International Law Journal during the academic year 2020-2021 and a Contributor to the Global Citizenship Observatory (2017-2019). He is the former President of the Hughes Hall Law Society (2019-2020). 

Scholarships and Awards

  • Cambridge AHRC Doctoral Partnership Studentship (2018)
  • Cambridge Vice Chancellor's Scholarship (2018)
  • E.M. Burnett Prize for a First in the Cambridge LL.M. Programme (2018)

Fields of research

  • Constitutional EU Law and EU Citizenship
  • Fundamental rights
  • Constitutional theory and theory of rights

 

The Interpretation and Application of the Essence of Rights in the EU Legal Order

Summary

Tom's Dissertation analyses the interpretation and application of the concept of essence (Article 52(1) CFREU) in EU law as a limit to the limitation of fundamental rights by reference to legal theory and an extensive review of the CJEU's case law on the concept since 1954. It evaluated the CJEU's current approach, proposes a clear test for establishing violations of the essence of rights, and discusses the significance of essence as an integral part of the EU’s legal order in relation to the EU's founding values in Article 2 TEU.

Supervisors

Prof Kenneth Armstrong

Representative Publications

2022: TL Boekestein, ‘Making do with what we have: On the Interpretation and Enforcement of the EU’s Founding Values’ (2022) 23 German Law Journal (forthcoming, preliminarily available on SSRN).

2020: TL Boekestein and GR de Groot, ‘Discussing the human rights limits on loss of citizenship: a normative-legal perspective on egalitarian arguments regarding Dutch Nationality laws targeting Dutch-Moroccans’ in É Fargues, E Winter and MJ Gibney (eds), When states take rights back: citizenship revocation and its discontents (Routledge 2020).

Start Date

Oct 2018

Publications

 

Articles

"Making do with what we have: On the Interpretation and Enforcement of the EU’s Founding Values" (2022) 23 German Law Journal

Citation:
(2022) 23 German Law Journal
Published: Forthcoming

"Discussing the human rights limits on loss of citizenship: a normative-legal perspective on egalitarian arguments regarding Dutch Nationality laws targeting Dutch-Moroccans" [2019] 23(4) Citizenship Studies, 320

Co-Author/s:
GR de Groot
Citation:
[2019] 23(4) Citizenship Studies, 320
Published: May 2019

"Deprivation of Nationality as a Counter-Terrorism Tool: A Comparative Analysis of Canadian and Dutch Legislation" [2018] 5 Transnational Human Rights Review, 23

Citation:
[2018] 5 Transnational Human Rights Review, 23
Published: May 2019

Book Chapters

"Discussing the human rights limits on loss of citizenship: a normative-legal perspective on egalitarian arguments regarding Dutch Nationality laws targeting Dutch-Moroccans" (with GR de Groot) in É Fargues, E Winter and MJ Gibney (ed(s)), When states take rights back: citizenship revocation and its discontents (Routledge, 2020)

Publisher:
Routledge
Published Mar 2020

Case Notes

K2 t. het Verenigd Koninkrijk [2017] 8 Sdu European Human Rights Cases

Co-Author/s:
GR de Groot
Published: Oct 2017

Blog Posts

Conference Papers

"Do desperate times justify desperate measures? The human rights concerns and discriminatory nature of citizenship revocation in counterterrorism" (IPSA World Congress 2018)

Conference:
IPSA World Congress 2018
Published: Jul 2018