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European Union citizenship

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Citizenship of the Union was introduced by the Maastricht Treaty signed in 1992.

History

Prior to the Maastricht Treaty (1992), the European Communities treaties provided guarantees for the free movement of economically active persons, but not, generally, for others. The Treaty of Paris (1951)[1] establishing the European Coal and Steel Community established a right to free movement for workers in these industries and the Treaty of Rome (1957)[2] provided for the free movement of workers and services.

However, the Treaty provisions were interpreted by the European Court of Justice not as having a narrow economic purpose, but rather a wider social and economic purpose.[3] In Levin[4], the Court found that the "freedom to take up employment was important, not just as a means towards he creation of a single market for the benefit of the Member State economies, but as a right for the worker to raise her or his standard of living"[3]. Under the ECJ caselaw, the rights of free movement of workers applies regardless of the worker's purpose in taking up employment abroad[4], to both part-time and full-time work[4], and whether or not the worker required additional financial assistance from the Member State into which he moves[5]. Since, the ECJ has held[6] that a recipient of service has free movement rights under the treaty and this criterion is easily fulfilled [7], effectively every national of an EU country within another Member State, whether economically active or not, had a right under Article 12 of the European Community Treaty to non-discrimination even prior to the Maastricht Treaty.[8].

The concept of EU citizenship as a distinct concept was first introduced by the Maastricht Treaty, and was extended by the Treaty of Amsterdam. In Martinez Sala[9], the ECJ held that the citizenship provisions provided substantive free movement rights in addition to those already granted by Community law.

Who is an EU citizen?

According to Article 17 of the Treaty of Rome (as amended),[10] to hold the "Citizenship of the Union" one must first hold the "nationality of a Member State". In the case of Micheletti v Delegación del Gobierno en Cantabria (C-396/90) [1992] ECR I-4239,[11] it was established that "it is for each member state, having due regard to Community law, to lay down the conditions for the acquisition and loss of nationality". According to the same case, dual nationality with only one nationality of a member state is sufficient to fulfil the requirements for "Citizenship of the Union".

Rights of EU citizens

Specific 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:

  • the right of free movement and residence throughout the Union and the right to apply to work in any position (including national civil services with the exception of sensitive positions such as defence) (Article 18),[10]
  • the right to vote and the right to stand in local and European elections in any Member State, other than the citizen's own, under the same conditions as the nationals of that state (Article 19),[10]
  • the right to protection by the diplomatic or consular authorities of other Member States when in a non-EU Member State, if there are no diplomatic or consular authorities from the citizen's own state (Article 20).[10]

Some of the residents' rights are not universal. For example, citizens of the two most recent EU members are still required to gain an approval to work in older members. Such limitations, though, cannot be imposed for more than seven years after the date of their accessoin.

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).

Free Movement Rights

Union citizenship continues to gain in status and the European Court of Justice has stated that Union citizenship will be the "fundamental status of nationals of Member States" (see Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve Case C-184/99 [2001] ECR I-6193, para 31).[12] The European Commission has affirmed that Union citizenship should be the fundamental status of EU nationals with respect to matters covered by European Union treaties.<nocite>

Advocate General Kokott has remarked that,

The right of Union citizens to move and reside freely within the territory of the Member States has developed into a new fundamental freedom.[13]

See also

Further reading

  • Maas, Willem (2007). Creating European Citizens. Lanham: Rowman & Littlefield. ISBN 978-0-7425-5485-6; ISBN 978-0-7425-5486-3 (paperback).
  • Meehan, Elizabeth (1993). Citizenship and the European Community. London: Sage. ISBN 978-0-8039-8429-5.
  • O'Leary, Síofra (1996). The Evolving Concept of Community Citizenship. The Hague: Kluwer Law International. ISBN 978-9-0411-0878-4.
  • Wiener, Antje (1998). 'European' Citizenship Practice: Building Institutions of a Non-State. Boulder: Westview Press. ISBN 0-8133-3689-9.

References

  1. ^ Article 69.
  2. ^ Title 3.
  3. ^ a b Craig, P., de Búrca, G. (2003). EU Law: Text, Cases and Materials (3rd Edition ed.). Oxford, New York: Oxford University Press. pp. 706–711. ISBN 0-19-925608-X. {{cite book}}: |edition= has extra text (help)CS1 maint: multiple names: authors list (link)
  4. ^ a b c Case 53/81 D.M. Levin v Staatssecretaris van Justitie.
  5. ^ Case 139/85 R. H. Kempf v Staatssecretaris van Justitie.
  6. ^ Joined cases 286/82 and 26/83 Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro.
  7. ^ Case 186/87 Ian William Cowan v Trésor public.
  8. ^ Advocate General Jacobs' Opinion in Case C-274/96 Criminal proceedings against Horst Otto Bickel and Ulrich Franz at paragraph [19].
  9. ^ Case C-85/96 María Martínez Sala v Freistaat Bayern.
  10. ^ a b c d Treaty of Rome (consolidated version): Article 17, Article 18, Article 19 and Article 20
  11. ^ Micheletti v Delegación del Gobierno en Cantabria (Case C-396/90) [1992] ECR I-4239
  12. ^ Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve (Case C-184/99) [2001] ECR I-6193, para. 31
  13. ^ [http:/www.ecas.org/file_uploads/1055.pdf Durham European Law Institute, European Law Lecture 2005]


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