EU citizenship

Evolution of modern society

• The American and French Revolutions provided the basis for a modern conception of citizenship. First, it gave rise to the new political context of the nation state. The political apparatus no longer referred to the administration of the monarch’s domain and subjects. The new political units found legitimacy through people.

• Second, this development linked to the emergence of commercial and industrial market economies.

• This required regular forms of government and justice. States had to uphold the rule of law, particularly freedom of contract and the protection of property rights.

• Third, markets broke down traditional social hierarchies and systems of status, thereby fostering equality of opportunity.

• Lack of status led individuals to being treated as equals.

• The nation-building process promoted a common language and common political rights.

• Citizenship became closely associated with belonging to the national community. National identity shaped a common civic consciousness. National systems of education created a public political language and inducted citizens into a certain civic culture and set of values.

• As a mark of citizen was the right to participate in the polity, the economy and the society.

• As the state was transformed from a personal fiefdom into a polity, the subject was transformed into a citizen. The marks of citizenship were political, economic and social rights, as well as a sense of belonging.

Nature of EU citizenship

• There was no mention of citizenship in the initial EC Treaty. The concept was established by the Treaty of Maastricht (1992).

• Article 20 TFEU provides that every person holding the nationality of a Member State is a citizen of the Union. Citizenship of the EU is additional to and does not replace the national citizenship.

• Since Member States determine who is a national citizen, they also control access to EU citizenship.

The rights of EU citizenship

• 1. The right to move and reside freely within the territory of the M.S.

• There are three categories of provision: a) any citizen may move and live in any state for up to three months, without any formalities other than the possession of a valid identity or passport. The only condition is that the citizen not be an unreasonable burden on the social assistance system of the host state (Directive 2004/38 EC). Furthermore, this Directive provides that migrants have no right to social assistance anyway. They are exempt citizens who are employed or looking for work.

Second category

• b) For periods greater than three months, the conditions are more restrictive. The right of residence is recognized to i) the workers or self-employed persons, ii) those who have comprehensive sickness insurance cover and have sufficient resources for themselves and their family, and iii) the persons who are enrolled for a course of study, including vocational training.

Third category

• c) Permanent residence. Citizens who have resided legally in another MS for five years acquire the right of permanent residence. This brings exemption from conditions concerning sufficient resources.

• MS felt enough mutual solidarity to accept a free movement regime linked to the benefits offered by the host MS. Some MS have high levels of public assistance. EU citizenship becomes a citizenship for all Europeans and not for only those who are not poor or sick.

Conditions of residence

• Once aquired, the status is only lost after two consecutive years of absence.

• Persons who move to another MS, work there and then, as a result of retirement or permanent ill health, stop working before five years is up, they can aquire p.r.status.

• The purpose of this is to prevent these citizens from having their rights of residence to be threatened by the condition of sufficient resources.

• 2. Political rights

• The rights to vote and stand in municipal and European elections on the same conditions as nationals of that state.

• Right to petition and hold the administration accountable

• Right to diplomatic protection.

Rights to vote and hold office

• Where EU citizens reside in a MS not their own, they have the right to vote and stand in municipal and European elections on the same conditions as nationals of that state.

• EU citizenship does not give any right to hold high office or exercise any duties which require them regularly to safeguard the interests of the state (functions in the armed forces or police, higher parts of the civil service or the judiciary).

Right to petition

• Any citizen of the EU, and any natural or legal person residing or having registered office in a MS, shall have the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Union’s fields of activity and which affects him, her or it directly.

• The EP received 1506 petitions in 2007, 1849 petitions in 2008 and 1924 in 2009.

The right to apply to the Ombudsman

• The European O. is elected by the European Parliament. He is empowered to receive complaints from any citizen of the EU or any natural or legal person concerning instances of maladministration in the activities of the EU institutions, bodies, offices or agencies, with the exception of the Court of Justice of the EU acting in its judicial role.

Powers of the E.O.

• He conducts inquiries and when he establishes an instance of maladministration, he refers the matter to the EU institution concerned, which has a period of three months to inform of its views. The EO shall then forward a report to the EP and the EU institution concerned. T he person lodging the complaint shall be informed of the outcome of such inquiries.

Status of the EO

• The EO is completely independent in the performance of his duties. He neither seeks nor takes instructions from any Government or EU institution. He may not, during his term of office, engage in any other occupation, whether gainful or not.

• The number of complaints received by the EO and falling inside his mandate were 870 in 2007, 802 in 2008 and 727 in 2009. He received many more complaints deemed to fall outside his mandate (2401 in 2007, 2544 in 2008 and 2392 in 2009).

The right to enjoy diplomatic and consular protection

• Every citizen of the EU shall, in the territory of a third country in which the MS of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any MS, on the same conditions as the nationals of that MS.

• In 2009, consular protection was provided by MS’s consuls in 300.000 cases. Every year, 5 million EU citizens travel to countries outside the EU where their home MS is not represented and a further 1.74 million EU citizens live in such countries. EU citizens are also increasingly exposed to crisis situations, both natural and man-made.

• There is a European Commission website on consular protection.

Conclusion

• The EU citizenship is still, and least partially, a quasi-economic policy as opposed to a proper constitutional citizenship embodying solidarity, equality and universality. The exclusion of the poor and sick from migration rights inspire the criticism.

• EU citizens do not have the right to participate in national elections. One would like to see EU citizenship break with nationality and include all those living within the EU. In any case, it works to transform national societies.