2. Citizenship of the European Union was
introduced by the Maastricht Treaty, which was
signed in 1992, and has been in force since 1993.
European citizenship is supplementary to national
citizenship and affords rights such as the right to
vote in European elections, the right to free
movement, settlement and employment across the
EU, and the right to consular protection from other
EU states' embassies when a person's country of
citizenship does not maintain an embassy or
consulate in the country they need protection in.
3. EU citizenship as a distinct concept was first
introduced by the Maastricht Treaty, and was
extended by the Treaty of Amsterdam. Prior to the
1992 Maastricht Treaty, the European
Communities treaties provided guarantees for the
free movement of economically active persons, but
not, generally, for others. The 1951 Treaty of Paris
establishing the European Coal and Steel
Community established a right to free movement
for workers in these industries and the 1957 Treaty
of Rome provided for the free movement of
workers and services.
4. 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. In Levin, the Court found that the "freedom to take
up employment was important, not just as a means towards the 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". Under the ECJ caselaw,
the rights of free movement of workers applies regardless of the worker's
purpose in taking up employment abroad, to both part-time and full-time
work, and whether or not the worker required additional financial assistance
from the Member State into which he moves. Since, the ECJ has held that a
recipient of service has free movement rights under the treaty and this
criterion is easily fulfilled, 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.
In Martinez Sala, the European Court of Justice held that the citizenship
provisions provided substantive free movement rights in addition to those
already granted by Union law.
5.
6. Political rights
Voting in European elections: a right to vote and stand in elections to the European
Parliament, in any EU member state (Article 22)
Voting in municipal elections: a right to vote and stand in local elections in an EU state
other than their own, under the same conditions as the nationals of that state (Article 22)
Accessing European government documents: a right to access to European Parliament,
Council, and Commission documents (Article 15).
Petitioning Parliament and the Ombudsman: the right to petition the European
Parliament and the right to apply to the European Ombudsman in order to bring to his
attention any cases of poor administration by the EU institutions and bodies, with the
exception of the legal bodies (Article 24)[15]
Linguistic rights: the right to apply to the EU institutions in one of the official languages
and to receive a reply in that same language (Article 24).
Rights of free movement Right to free movement and residence: a right of free
movement and residence throughout the Union and the right to work in any position
(including national civil services with the exception of those posts in the public sector that
involve the exercise of powers conferred by public law and the safeguard of general
interests of the State or local authorities (Article 21) for which however there is no one
single definition);
Freedom from discrimination on nationality: a right not to be discriminated against on
grounds of nationality within the scope of application of the Treaty (Article 18);
Rights abroad Right to consular protection: a 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 23): this is due to
the fact that not all member states maintain embassies in every country in the world (16
countries have only one embassy from an EU state).
7. Free movement rights
Article 21 Freedom to move and reside Article 21 (1) of the Treaty on the Functioning of the
European Union[14] states that
Every citizen of the Union shall have the right to move and reside freely within the territory
of the Member States, subject to the limitations and conditions laid down in this Treaty and
by the measures adopted to give it effect.
The European Court of Justice has remarked that,
EU Citizenship is destined to be the fundamental status of nationals of the Member States
The ECJ has held that this Article confers a directly effective right upon citizens to reside in
another Member State.[17][18] Before the case of Baumbast,[18] it was widely assumed that
non-economically active citizens had no rights to residence deriving directly from the EU
Treaty, only from directives created under the Treaty. In Baumbast, however, the ECJ held
that. Article 18 of the EC Treaty granted a generally applicable right to residency, which is
limited by secondary legislation, but only where that secondary legislation is proportionate.
Member States can distinguish between nationals and Union citizens but only if the
provisions satisfy the test of proportionality. Migrant EU citizens have a "legitimate
expectation of a limited degree of financial solidarity... having regard to their degree of
integration into the host society„ Length of time is a particularly important factor when
considering the degree of integration.
The ECJ's case law on citizenship has been criticised for subjecting an increasing number
of national rules to the proportionality assessment.
8. Article 45 Freedom of movement to work Article 45 of the Treaty on the
Functioning of the European Union[14] states that
1. Freedom of movement for workers shall be secured within the Union.
2. Such freedom of movement shall entail the abolition of any discrimination
based on nationality between workers of the Member States as regards
employment, remuneration and other conditions of work and employment.
State employment reserved exclusively for nationals varies between
member states. For example, training as a barrister in Britain and Ireland is
not reserved for nationals, while the corresponding French course qualifies
one as a 'juge' and hence can only be taken by French citizens. However, it
is broadly limited to those roles that exercise a significant degree of public
authority, such as judges, police, the military, diplomats, senior civil servants
or politicians. Note that not all Member States choose to restrict all of these
posts to nationals.
Much of the existing secondary legislation and case law was consolidated[23]
in the Citizens' Rights Directive 2004/38/EC on the right to move and reside
freely within the EU.
9. Passports of the EU
The European Union does not issue passports, but
ordinary passports issued by its 27 member states
share a common design. Common features include
the burgundy coloured cover, the use of the words
"European Union" in the country's official language or
languages on the cover, as well as common security
features and biometrics.
Some EU member states also issue non-EU passports
to certain people who have a nationality which does
not render them citizens of the European Union (e.g.,
British Overseas Territories Citizens except those with
a connection to Gibraltar, British Nationals (Overseas),
British Overseas Citizens, British Protected Persons
and British Subjects).
10. National identity cards in the EU
National identity cards are issued by 24 European Union
member states to their citizens. EU citizens holding a national
identity card can not only use it as an identity document within
their home country, but also as a travel document to exercise
the right of free movement in the European Economic Area
(European Union, Iceland, Liechtenstein, and Norway) and
Switzerland. Some EU member states also issue national
identity cards to residents who are non-EU citizens – these
cards are only valid as an identity document within the issuing
country and are not valid as a travel document for the rest of
the EEA and Switzerland.
At present, three European Union member states (Denmark,
Ireland and the United Kingdom) do not issue national identity
cards to their citizens. Therefore, EU citizens from these three
countries can only use a passport as a travel document to
enter and reside in the EEA (EU, Iceland, Liechtenstein, and
Norway) and Switzerland without a visa.
11.
12. The European Citizens’ Consultations are the first pan-European participatory project to
involve citizens from all 27 Member States of the European Union into the debate about the
Future of Europe. Between October 2006 and May 2007, more than 1,800 citizens
deliberated on the subject in 27 countries speaking 23 official languages. They were
selected at random by professional recruitment agencies or universities according to a set
of criteria that ensured that they reflected the diversity of the EU’s population. In European-
and national-level debates the citizens were choosing and discussing three topics they
considered most important to their lives, identified common ground and made
recommendations to policy-makers responsible for making the decisions on Europe’s
future.
The European Citizens' Consultations were organised by a group of independent, non-for-
profit organisations led by the King Baudouin Foundation (Belgium) in collaboration with
European Citizen Action Service (ECAS), the European Policy Centre (EPC) and the
Network of European Foundations for Innovative Cooperation (NEF). They were supported
by Compagnia di San Paolo, Riksbankens Jubileumsfond, Robert Bosch Stiftung and
Calouste Gulbenkian Foundation. The European network of partners and donors included
organisations from all Member States. The project was co-financed by the European
Commission and linked to DG Communication’s Plan D.
13.
14. Europe for Citizens (formerly Citizens for Europe) is a European Union programme
designed to help bridge the gap between citizens and the European Union. Ending in 2006,
the European Commission on 6 April 2005 adopted a proposal for a new programme to run
from 2007 to 2013. The programme will provide the Union with instruments to promote
active European citizenship, put citizens in the centre and offers them the opportunity to
fully assume their responsibility as European citizens. The Commission has determined that
citizens should also be aware of their duties as citizen and become actively involved in the
process of European integration, developing a sense of belonging and a European identity.
The global aim of the proposed programme is to contribute to:
Giving citizens the opportunity to interact and participate in constructing an ever closer
Europe, united in and enriched through its cultural diversity;
Forging a European identity, based on recognised common values, history and culture;
Enhancing mutual understanding between European citizens respecting and celebrating
cultural diversity, while contributing to intercultural dialogue.
The proposal affirms that Union citizenship should be the fundamental status of nationals of
the Member States.
The budget for the new program is €235 million.
15. 4 freedoms:
The European Union's (EU) internal market (sometimes known as the
single market, formerly the common market) seeks to guarantee the free
movement of goods, capital, services, and people – the EU's "four
freedoms" – within the EU's 27 member states.
The internal market is intended to be conducive to increased competition,
increased specialisation, larger economies of scale, allowing goods and
factors of production to move to the area where they are most valued, thus
improving the efficiency of the allocation of resources.
It is also intended to drive economic integration whereby the once separate
economies of the member states become integrated within a single EU wide
economy. Half of the trade in goods within the EU is covered by legislation
harmonised by the EU.[2]
The creation of the internal market as a seamless, single market is an
ongoing process, with the integration of the service industry still containing
gaps.[3] It also has an increasing international element, with the market
represented as one in international trade negotiations. Notably, the internal
market is open to three non-EU states via the European Economic Area.