A Real European Citizenship; a New Jurisdiction Test; a Novel Chapter in the Development of the Union in Europe (original) (raw)

EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits

Nathan Cambien, Dimitry Kochenov and Elise Muir (eds), European Citizenship under Stress: Social Justice, Brexit and Other Challenges (Brill-Nijhoff, 2020), 2020

The chapter supports the idea that the political integration in the domain of EU fundamental rights is primarily evolving through a ‘triangular’, inter-connected system of protection, including the constructivist transformation of EU citizenship, the institutionalised developments of EU law, and the protection of fundamental rights as general principles of EU law. Yet major components of a comprehensive and all-embracing fundamental rights policy are still absent, which is even more perceptible during periods of crisis, such as the recent financial crisis, where the gaps in citizens’ rights protection became evident due to the difficulties encountered in challenging the consequences of the conditionality imposed. The article aims to fill these gaps, by establishing a connection between EU fundamental and EU citizenship rights, using the judicially developed ‘substance of the rights’ doctrine. Various attempts have taken place towards this aim, yet some loose ends remained that are largely encountered in the present article, through the establishment of a new jurisdictional test, which combines a dynamic reading of Art. 20 TFEU and the substance of the rights doctrine, Art. 2 TEU and fundamental rights as general principles of EU law, such as Art. 19 TEU.

EU Citizenship: Some Systemic Constitutional Implications

3 European Papers, 2018, pp. 1061–1074., 2018

European Citizenship, although derived from the nationalities of the Member States, came to play a significant independent role in reforming European constitutionalism in unanticipated ways by undermining some of the key assumptions underlying the notions of citizenship, equality and democratic accountability. Instead of lingering merely as a super-structure atop Member State nationalities, it instead reshuffles the constitutional basics and not all Europeans emerge as winners as a result. This brief essay provides an introductory background for the special section on EU citizenship and rights of European Papers 3(3), 2018 and outlines some of the core tensions which EU citizenship brings to light.

The Puzzle of Citizenship and Territory in the EU: On European Rights Overseas

17 Maastricht Journal of European and Comparative Law, 2010, pp. 230–251, 2010

Aiming at outlining the essential framework of EU citizenship’s specificity in the context of the Overseas Countries and Territories associated with the Union (OCTs), this paper approaches the development of the legal status of EU citizenship as a process of the redefinition of the territorial nature of EU law and analyzes the essential specific features of the functioning of EU citizenship enjoyed by those Member States’ nationals who reside outside the territorial scope of EU law. Member States’ nationals residing in the OCTs are fully fledged EU citizens. The legal specificity of the OCTs framed by the Treaties follows territorial logic, which means that Part II TFEU on EU citizenship fully applies in the OCTs via ratione personae of EU law, empowering all their inhabitants to benefit from applicable rights and freedoms granted to them by the Union which are not in conflict with Part IV TFEU and the logic of association described therein.

The European Citizenship Concept and Enalrgement of the Union

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.

New European Citizenship: A Move beyond the Market Bias

This contribution scrutinises the main implications of the introduction by the Court of Justice of an alternative jurisdiction test in EU citizenship cases. The test is based on the concept of the intensity of Member State interference with EU citizenship rights of individuals and does not take the existence (or not) of any cross-border situation into account. This signifies a definitive move away from the Internal Market thinking, establishing EU citizenship as such as an activator of EU law. It also has significant implications for the division of powers between the Union and the Member States. It remains to be seen how frequently the new test will be used next to the established cross-border situation test. A departure from the market rationale, although potentially radical, is to be welcomed, since it reflects the essence of the concept of citizenship better and offers important opportunities to improve the legal position of the individual in the context of the European integration project.

The Present and the Future of EU Citizenship: A Bird’s Eye View of the Legal Debate

This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as staring points. It explores EU citizenship’s relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multilevel governance, and its impact on the lives of ordinary Europeans. A number of key works which influenced the Court and the legislator in the recent years is assessed to outline the likely direction of future research, as well as future EU citizenship’s development. Although the literature on the subject is overwhelmingly rich and diverse, this article aspires to provide a representative sample of issues of interest for the framing of the concept at issue from a supranational perspective, necessarily leaving national (or nationalistic) literatures aside.

The concept of European citizenship

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.

EU citizenship as a means of reinforcing the application of EU fundamental rights: challenges, developments and limits

2019

The EU is no longer an organisation that merely pursues economic objectives, but it also evolves towards a more political and constitutionalised Union. The thesis supports that the political integration in the field of EU fundamental rights, is primarily evolving through a ‘triangular’, inter-connected system of protection, including the constructivist transformation of EU citizenship, the institutionalised developments, such as the EU Charter, and the protection of fundamental rights as general principles of EU law. Yet major components of a flawless fundamental rights policy as a whole, are still absent and this is even more perceptible during periods of crises, such as the recent financial crisis, where a lack in citizens’ rights protection is evident, especially in effective judicial protection, due to the difficulty in challenging the consequences of the conditionality imposed. The deficient protection largely derived from the restricted scope of application of fundamental righ...

The Existential Crisis of Citizenship of the European Union: The Argument for an Autonomous Status

Cambridge Yearbook of European Legal Studies

This article argues for the (re)construction of citizenship of the European Union as an autonomous status. As opposed to the current legal regime, whereby individuals with nationality of a Member State are automatically granted citizenship of the Union, under this proposal individuals would be free to choose whether or not to adopt the status of citizen of an incipient European polity. At present, the telos and essence of citizenship of the Union is contested. It may be argued that the status is partial or incomplete. This has informed competing normative perspectives. ‘Maximalist’ positions praise the judicial construction of Union citizenship as destined to be the ‘fundamental status’ for all Member State nationals. By contrast, ‘minimalist’ positions argue that the status should remain ‘additional to’ Member State nationality, and the rights created therein should remain supplementary to the status and rights derived from national citizenship. This article will argue for a new ap...