Citizenship of the European Union as a Phenomenon

2006

The recognition of European citizenship by the Treaty on European Union (Treaty of Maastricht) introduced a novel legal institution into the European construction, hitherto unknown in international law. Its historical importance and nature will be analysed through different perspectives. The analysis of the structure of European citizenship reveals main advantages and disadvantages of the current concept. However, in its current form, it offers a very limited list of rights. Until recently, citizens’ rights were neglected and invisible at the level of the European Union. This is especially visible in the policies towards the candidate and accession countries, which are obliged to follow certain human rights standards in order to meet the conditions for membership. The importance and meaning of European citizenship for third country nationals has been emphasised over the last few years.

2006

The development of the EU citizenship concept within the current boundaries of the Union is incompatible with some of the terms of enlargement, namely the policy of transition periods, outlined in the Act of Accession. While the ECJ has tried to interpret EU citizenship as a 'fundamental status', the 2003 Act of Accession introduces limitations on the freedom of movement-a core citizenship right-thus undermining the European citizenship concept and the idea of equality for all Europeans. Unfortunately, this situation is made possible by the wording of Article 18 EC itself, which allows for conditions, thus opening the door for the creation of 'second class' citizens. This paper argues that the most recent enlargement offered an opportunity to bring about a new understanding of equality at the European level and give real meaning to the European citizenship concept, completing rather than undermining the achievements of the ECJ, and taking into account the lessons of previous enlargements. In light of this, the Articles of Accession represent a missed opportunity.

1998

Democracy Begins Between Two, 2013

3 Romanian Journal of Political Science, 2003, pp. 71–97., 2003

The current development of the EU citizenship concept is incompatible with some of the terms of enlargement, namely the policy of transition periods, outlined in the Act of Accession. While the ECJ has tried to interpret EU citizenship as a 'fundamental status', the 2003 Act of Accession introduces limitations on the freedom of movement - a core citizenship right - thus undermining the European citizenship concept and the idea of equality for all Europeans. Unfortunately, this situation is made possible by the wording of Article 18 EC itself, which allows for conditions, thus opening the door for the creation of 'second class' citizens. This paper argues that the most recent enlargement offered an opportunity to bring about a new understanding of equality at the European level and give real meaning to the European citizenship concept, completing rather than undermining the achievements of the ECJ, and taking into account the lessons of previous enlargements. In light of this, the Articles of Accession represent a missed opportunity

Springer eBooks, 2017

This chapter gives a swift overview of the workings and principal rights associated with European citizenship. Some insight into the historical evolution of the status is offered. The major entitlements are explained as well as important case-law. The aim is to provide an outline of the essentials of European citizenship for the purpose of understanding the arguments made in this book. Keywords European citizenship Á Brexit Á United Kingdom Á Freedom of movement Á Right of residence Á EU law Á EU citizens' rights The status of European citizenship was introduced in European law with the Maastricht Treaty in 1992. Let us see what steps were taken to establish this particular form of status civitatis that differs from the standard legal form of citizenship that we are used to consider equivalent to nationality. It is additional to having member state nationality. It entails a series of rights that nationals of member states would not enjoy if they were not European citizens. This confers a degree of independence to the content of the status. It is not, however, an autonomous status. Yet, member states are not fully autonomous in exercising discretion over who gets access to the status. This overview shows what makes European citizenship a status sui generis that is not constituted in the same way as nationality in unitary states or dual citizenship commonly found in federal systems. The aim of this chapter is

Revue internationale de droit comparé, 1997

The paper focuses on the issue of the Union’s legitimization, looked at from the point of view of the new constitutional architecture set up with the Lisbon Treaty, thus putting emphasis on the need for a broader and deeper community among the peoples of Europe, in the light of a true common citizenship at European level.

2014

The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over f...