Citizenship of the European Union

Citizenship of the European Union. Established by the Maastricht Treaty in 1993, it is a legal status supplementary to national citizenship, granted automatically to every national of a member state. It confers a suite of specific rights, freedoms, and legal protections within the scope of European Union law, primarily aimed at fostering a sense of belonging and facilitating free movement within the Single European Market. The concept is intrinsically linked to the development of European integration and is overseen by institutions like the European Commission and the Court of Justice of the European Union.

History and development

The concept emerged from earlier European Communities provisions on free movement for workers, evolving through landmark legal rulings by the Court of Justice of the European Union in cases such as Van Gend en Loos. Its formal creation was a cornerstone of the Maastricht Treaty, which established the European Union itself. Subsequent treaties, including the Treaty of Amsterdam and the Treaty of Lisbon, expanded its scope and rights. Key figures in its development included advocates like Altiero Spinelli and drafting contributions from bodies such as the European Parliament and the European Council.

Rights and privileges

Core rights include the freedom to move and reside anywhere within the territory of the member states, subject to certain conditions, as enshrined in the Free Movement Directive. This encompasses the right to work, study, and receive healthcare. Citizens enjoy diplomatic and consular protection from any member state's embassy under the consular protection mechanism. They have the right to petition the European Parliament, appeal to the European Ombudsman, and correspond with European Union institutions in any official language. Protections against discrimination are grounded in the Charter of Fundamental Rights of the European Union.

Acquisition and loss

Acquisition is automatic and concurrent with holding the nationality of a member state, such as Germany, France, or Italy. Nationality laws, which vary between states like Malta and Denmark, are solely determined by national authorities, a principle affirmed in cases like Rottmann v Freistaat Bayern. Loss occurs automatically if a person loses their member state nationality, as there is no independent process for renunciation. Scenarios include voluntary renunciation of national citizenship or, in rare cases, deprivation of nationality by a state, which then triggers the loss of this status.

Relationship to national citizenship

It is dependent on and complementary to national citizenship, as articulated in the Treaty on the Functioning of the European Union. It does not replace national citizenship but adds a supranational layer of rights. The Court of Justice of the European Union has consistently ruled it is intended to be the fundamental status of nationals of the member states, as seen in judgments like Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve. This relationship means rights can be invoked against both European Union institutions and member state authorities when acting within the scope of European Union law.

Political participation

Key political rights include the right to vote and stand as a candidate in European Parliament elections and in municipal elections in the member state of residence, as established by the Treaty of Maastricht. Citizens can also participate in the European Citizens' Initiative, a process allowing them to invite the European Commission to propose legislation. Furthermore, they have the right to petition the European Parliament on matters within the EU's fields of activity and to submit complaints to the European Ombudsman regarding maladministration by European Union institutions.

Legal and judicial protection

Rights are enforceable through national courts and the preliminary ruling procedure to the Court of Justice of the European Union, a mechanism central to cases like Costa v ENEL. The Charter of Fundamental Rights of the European Union, given legal force by the Treaty of Lisbon, provides a comprehensive codification of rights. Individuals can seek redress for damages caused by European Union institutions through actions in the General Court. Furthermore, the principle of non-discrimination on grounds of nationality is a foundational tenet, actively enforced by the European Commission through infringement proceedings. Category:European Union law Category:Citizenship