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===European Union (EU) citizenship===
===European Union (EU) citizenship===
{{ main|Citizenship of the European Union }}
The [[Maastricht Treaty]] introduced the concept of [[citizenship of the European Union]]. This citizenship flows from national citizenship — one holds the nationality of an [[Member states of the EU|EU member state]] and as a result becomes a "citizen of the Union" in addition (See Articles 17 following of the EC Treaty).
The [[Maastricht Treaty]] introduced the concept of [[citizenship of the European Union]]. Article 17 (1) of the amended [[EC Treaty]]<ref name="Rome">[http://europa.eu.int/eur-lex/lex/en/treaties/dat/12002E/htm/C_2002325EN.003301.html Treaty of Rome] (consolidated version)</ref> states that <blockquote>Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.</blockquote>


The amended [[EC Treaty]]<ref name="Rome" /> establishes certain minimal rights for EU citizens. Article 12 of the amended EC Treaty guarantees a general right of non-discrimination within the scope of the Treaty. Article 18 provides a limited right to free movement and residence in Member States other than that of which the EU citizen is a national. Articles 18-21 and 225 provide certain political rights.
EU citizenship offers certain rights and privileges within the EU; in many areas EU citizens have the same or similar rights as native citizens in member states. Such rights granted to EU citizens include:


Union citizens have also extensive [[The Four Freedoms|rights to move in order to exercise economic activity]] in any of the Member States (Articles 39, 43, 49 EC), which predate the introduction of Union citizenship.
*freedom of movement and the [[right of abode|right of residence]] within the territory of the Member States; for those who are not economically active, the right to reside in the territory of another Member State might be conditional upon having sufficient resources and comprehensive health insurance, so as to become an undue burden on the welfare resources of the host-State. However, these requirements have to be applied with a certain degree of flexibility (cf Case C-413/99, Baumbast and R v. Secretary of State for the Home Department, [2002] ECR I-7091). The rights to move and reside of Union citizens and their family members are detailed in Directive 2004/38/EC.

*[[right to vote]] and stand as a candidate at elections to the European Parliament and at municipal elections in the Member State of residence (Article 19 EC);
*right to diplomatic and consular protection (Article 20 EC);
*right of petition to the European Parliament (Article 21 EC); and
*right to refer to the [[Ombudsman]] (Article 21 EC).

The right to petition and the right to refer to the Ombudsman are available also to non-Eu individuals and companies lawfully resident in the territory of the Union (Articles 194 and 195 EC).

Union citizens have also a right to move to exercise an economic activity in any of the Member States (Articles 39, 43, 49 EC - but there is a transitional arrangement for the new Member States in relation to the free movement of workers), as well as a right to move capital (Article 56 EC). Those rights predated the introduction of Union citizenship, and are more extensive than the right to move as non-economically active individuals.

EU member states also use a common [[passport]] design, burgundy coloured, with the name of the member state, national seal, and the title "European Union" (or its translation), and most also use a common format for their [[driving licence]]s in order to simplify their use within the whole EU.


===Commonwealth citizenship===
===Commonwealth citizenship===

Revision as of 18:51, 26 November 2007

Template:Legal status Citizenship is membership in a political community (originally a city or town but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. It is largely coterminous with nationality,[citation needed] although it is possible to have a nationality without being a citizen (i.e., be legally subject to a state and entitled to its protection without having rights of political participation in it); it is also possible to have political rights without being a national of a state. In most nations, a non-citizen is a non-national and called either a foreigner or an alien. In the United States, because there is state citizenship, foreign is the legal term for someone not a citizen of the state, and alien is reserved for someone not a citizen of the United States. Thus New York insurance companies are foreign in New Jersey, while a Dutch insurer is alien.

Citizenship, which is explained above, is the political rights of an individual within a society. Thus, you can have a citizenship from one country and be a national of another country. One example might be as follows: A Cuban-American might be considered a national of Cuba due to his being born there, but he could also become an American citizen through naturalization. Nationality most often derives from place of birth (i.e. jus soli) and, in some cases, ethnicity (i.e. jus sanguinis). Citizenship derives from a legal relationship with a state. Citizenship can be lost, as in denaturalization, and gained, as in naturalization.

The term Active Citizenship implies working towards the betterment of one's community through economic participation, public service, volunteer work, and other such efforts to improve life for all citizens. In this vein, schools in England provide lessons in citizenship.[1] In Wales the model used is Personal and Social Education.[2][3]

Supranational citizenship

In recent years, some intergovernmental organizations have extended the concept and terminology associated with citizenship to the international level, where it is applied to the totality of the citizens of their constituent countries combined. Two examples are given below, of citizenship in the European Union, and also of citizenship within the Commonwealth of Nations. Citizenship at this level is a secondary concept, with rights deriving from national citizenship.


European Union (EU) citizenship

The Maastricht Treaty introduced the concept of citizenship of the European Union. Article 17 (1) of the amended EC Treaty[4] states that

Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.

The amended EC Treaty[4] establishes certain minimal rights for EU citizens. Article 12 of the amended EC Treaty guarantees a general right of non-discrimination within the scope of the Treaty. Article 18 provides a limited right to free movement and residence in Member States other than that of which the EU citizen is a national. Articles 18-21 and 225 provide certain political rights.

Union citizens have also extensive rights to move in order to exercise economic activity in any of the Member States (Articles 39, 43, 49 EC), which predate the introduction of Union citizenship.

Commonwealth citizenship

The concept of "Commonwealth Citizenship" has been in place ever since the establishment of the Commonwealth of Nations. As with the EU, one holds Commonwealth citizenship only by being a citizen of a Commonwealth member state. This form of citizenship offers certain privileges within some Commonwealth countries:

  • Some such countries do not require tourist visas of citizens of other Commonwealth countries.
  • In some Commonwealth countries resident citizens of other Commonwealth countries are entitled to political rights, e.g., the right to vote in local and national elections and in some cases even the right to stand for election.
  • In some instances the right to work in any position (including the civil service) is granted, except for certain specific positions (e.g. defense, Governor-General or President, Prime Minister).

Whilst Commonwealth citizenship is sometimes enshrined in the written constitutions (where applicable) of Commonwealth states and is considered by some to be a form of multiple citizenship, there have never been, nor are there any plans for a common passport.

Although the Republic of Ireland left the Commonwealth in 1949, it is often treated as if it were a member, with references being made in legal documents to 'the Commonwealth and the Republic of Ireland', and its citizens are not classified as foreign nationals, particularly in the United Kingdom.

Canada departed from the principle of nationality being defined in terms of allegiance in 1921. In 1935 the Irish Free State was the first to introduce its own citizenship (However, Irish citizens were still treated as subjects of the Crown, and they are still not regarded as foreign, even though Ireland is not a member of the Commonwealth; Murray v Parkes [1942] All ER 123).

The Canadian Citizenship Act which came into effect on January 1, 1947 provided for a distinct Canadian Citizenship, automatically conferred upon most individuals born in Canada (with certain exceptions) and defined the conditions under which one could become a naturalized citizen. The concept of Commonwealth citizenship was introduced in 1948 in the British Nationality Act 1948. Other Dominions adopted this principle, in New Zealand, in the British Nationality and New Zealand Citizenship Act 1948. Citizenship has replaced allegiance, a more than symbolic change.

File:Marx-citizenship.jpg
The philosopher Karl Marx's 1874 British citizenship document. (Public Record Office).

Subnational citizenship

Citizenship most usually relates to membership of the nation state, but the term can also apply at subnational level. Subnational entities may impose requirements, of residency or otherwise, which permit citizens to participate in the political life of that entity, or to enjoy benefits provided by the government of that entity. But in such cases, those eligible are also sometimes seen as "citizens" of the relevant state, province, or region. An example of this is how the fundamental basis of Swiss citizenship is citizenship of an individual commune, and thus of a canton and of the Confederation.

Honorary citizenship

Some countries extend "honorary citizenship" to those whom they consider to be especially admirable or worthy of the distinction.

By act of United States Congress and presidential assent, honorary United States citizenship has been awarded to only six individuals. Note, this is not immigration to another country, it is when another country requests one to be a citizen.

Honorary Canadian citizenship requires the unanimous approval of Parliament. The only people to ever receive honorary Canadian citizenship are Raoul Wallenberg posthumously in 1985, Nelson Mandela in 2001, the 14th Dalai Lama Tenzin Gyatso in 2006, and Aung San Suu Kyi in 2007.

In 2002 South Korea awarded honorary citizenship to Dutch football (soccer) coach Guus Hiddink who successfully and unexpectedly took the national team to the semi-finals of the 2002 FIFA World Cup. Honorary citizenship was also awarded to Hines Ward, a black Korean American football player, in 2006 for his efforts to minimize discrimination in Korea against half-Koreans.

American actress Angelina Jolie received an honorary Cambodian citizenship in 2005 due to her humanitarian efforts.

Cricketers Matthew Hayden and Herschelle Gibbs were awarded honorary citizenship of St. Kitts and Nevis in March 2007 due to their record-breaking innings' in the 2007 Cricket World Cup.

In Germany the honorary citizenship is awarded by cities, towns and sometimes federal states. The honorary citizenship ends with the death of the honored or is denied by the council or parliament of the city , town or state. In the case of the of war criminals the honors are denied by "Article VIII, cypher II, letter i of the directive 38 of the Allied Control Council for Germany on October 12, 1946. In some cases for example Berlin honorary citizenship is also denied to members of the former GDR regime e.g. Erich Honecker.

Historical citizenship

Historically, many states limited citizenship to only a proportion of their population, thereby creating a citizen class with political rights superior to other sections of the population, but equal with each other. The classical example of a limited citizenry was Athens where slaves, women, and resident foreigners (called metics) were excluded from political rights. The Roman Republic forms another example (see Roman citizenship), and, more recently, the nobility of the Polish-Lithuanian Commonwealth had some of the same characteristics.

Polis citizenship

The first form of citizenship was based on the way people lived in the ancient Greek times, in small-scale organic communities of the polis. In those days citizenship was not seen as a public matter, separated from the private life of the individual person. The obligations of citizenship were deeply connected into one’s everyday life in the polis. To be truly human, one had to be an active citizen to the community, which Aristotle famously expressed: “To take no part in the running of the community's affairs is to be either a beast or a god!” This form of citizenship was based on obligations of citizens towards the community, rather than rights given to the citizens of the community. This was not a problem because they all had a strong affinity with the polis; their own destiny and the destiny of the community were strongly linked. Also, citizens of the polis saw obligations to the community as an opportunity to be virtuous, it was a source of honour and respect. In Athens, citizens were both ruler and ruled, important political and judicial offices were rotated and all citizens had the right to speak and vote in the political assembly.

However, an important aspect of polis citizenship was exclusivity. Citizenship in ancient Greece and Rome, as well as Medeval cities that practiced polis citizenship, was exclusive and inequality of status was widely accepted. Citizens had a much higher status than non-citizens: Women, slaves or ‘barbarians’. For example, women were seen to be irration and incapable of political participation (although some, most notably Plato, disagreed). Methods used to determine whether someone could be a citizen or not could be based on wealth (the amount of taxes one paid), political participation, or heritage (both parents had to be born in the polis).

In the Roman Empire, polis citizenship changed form: Citizenship was expanded from small scale communities to the entire empire. Romans realised that granting citizenship to people from all over the empire legitimised Roman rule over conquered areas. They also found that taxes were more easily collected and the need for expensive military power in those areas with citizenship was reduced. Citizenship in the Roman era was no longer a status of political agency; it had been reduced to a judicial safeguard and the expression of rule and law.

After the collapse of the Roman Empire, the importance of citizenship became less. During the Middle Ages, the search for personal salvation had replaced the pursuit of honour through the exercise of citizenship. The Church replaced the political community as the focus for moral guidance and loyalty.

School Subject

Citizenship education is taught as a major subject of the National Curriculum in English schools. It is compulsory in all state schools. Some state schools offer an examination in this subject, all state schools have a statutory requirement to report student's progress in Citizenship.[1]

Citizenship is not taught as a subject in Scottish schools, however they do teach a subject called "Modern Studies" which covers the social, political and economic study of local, national and international issues.[5]

Responsibilities of citizenship

The legally enforceable duties of citizenship vary depending on one's country, and may include such items as:[6]

  • paying taxes (although tourists and illegal aliens also pay some taxes such as sales taxes,etc)
  • serving in the country's armed forces when called upon (in the US even illegal immigrants must serve in case of a draft[7]).
  • obeying the criminal laws enacted by one's government, even while abroad.

Purely ethical and moral duties tend to include:

  • demonstrating commitment and loyalty to the democratic political community and state
  • constructively criticizing the conditions of political and civic life
  • participating to improve the quality of political and civic life
  • respecting the rights of others
  • defending one's own rights and the rights of others against those who would abuse them
  • exercising one's rights

Bibliography

  • Carens, Joseph (2000). Culture, Citizenship, and Community: A Contextual Exploration of Justice as Evenhandedness. Oxford University Press. ISBN 978-0198297680.
  • Heater, Derek (2004). A Brief History of Citizenship. NYU Press. ISBN 978-0814736722.
  • Kymlicka, Will (1995). Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford University Press. ISBN 978-0198290919.
  • Maas, Willem (2007). Creating European Citizens. Rowman & Littlefield. ISBN 978-0742554863.
  • Marshall, T.H. (1950). Citizenship and Social Class and Other Essays. Cambridge University Press.
  • Smith, Rogers (2003). Stories of Peoplehood: The Politics and Morals of Political Membership. Cambridge University Press. ISBN 978-0521520034.
  • Turner, Bryan S. (1994). Citizenship and Social Theory. Sage. ISBN 978-0803986114.

See also

References

  1. ^ a b "Citizenship; the national curriculum for England". British Government, Department for Children, Schools and Families. Retrieved 2007-08-09.
  2. ^ "NAFWC 13/2003 Personal and Social Education (PSE) and Work-Related Education (WRE) in the Basic Curriculum. Education (WRE) in the Basic Curriculum". Welsh Assembly Government. 15 June 2003. Retrieved 2007-06-09. {{cite web}}: Check date values in: |date= (help)
  3. ^ "Personal and Social Education Framework: Key Stages 1 to 4 in Wales". Welsh Assembly Government. Retrieved 2007-06-09.
  4. ^ a b Treaty of Rome (consolidated version)
  5. ^ "Modern Studies Association". Retrieved 2007-08-09.
  6. ^ Patrick, John J. "The Concept of Citizenship in Education for Democracy". ERICDigests.org. Retrieved 2007-08-09.
  7. ^ "Who must register?". Selective Service System of the United States. Retrieved 2007-08-21.