Citizenship education in europe 8 the european commission s commitment to promoting active citizenship is longstanding. In this sense, citizenship has an important eu dimension. On the other hand, citizenship is a bit different, which requires a person to fulfill the legal formalities to become a recognized member of the state. Ruiz zambrano is a landmark case in the law on eu citizenship. Freedom of movement and residence of persons within the eu dr. As pointed out by the court of justice of the eu, while laying down the conditions of acquisition and loss of citizenship falls within the remit of national competence, in doing so member states must have due regard to eu law. European union citizenship house of commons library. The concept of eu citizenship in the case law of the. March 17, 2016 in eu citizenship, revision legal by john digiacomo. A reappraisal of the case law of the court of justice on the free movement of persons and eu citizenship, yearbook of european law. The first and foremost difference between nationality and citizenship are discussed in the article. Or voiding eu citizenship of content the charter of fundamental rights and eu citizenship. 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. Discuss, including reference to the caselaw of the court of justice.
Citizenship education in europe european commission. Citizenship notes stanford encyclopedia of philosophy. In regards to the connection between citizenship and the constitutional framework of the union and its growth as a political community see j. These are the notes that i used to revise for my eu law exam. These are spelled out in the treaty on the functioning of the european union article 18 and the charter of fundamental rights chapter v. Child at least one of whose parents is a citizen of angola, regardless of the country of birth. It interprets and ensures equal application of eu law across all member states. The current europe for citizenship programme 200720 aims to bring citizens closer to the eu and involve them in discussions on its future. Writing the future dora kostakopoulou law, university of manchester email address. In this chapter it becomes clear that the fundamental status of union citizenship evolves through a dynamic case law, which defines the scope of eu law and hence the competence of the court. Jan 09, 2014 secondly, it discusses how the idea of solidarity interacts with the boundaries of eu citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as eu citizens. Global citizenship observatory globalcit globalcit. This paper focuses exclusively on public international law leaving eu law aside. With reference to relevant legislation and the case law of the european court of justice, critically discuss the significance of the status of union citizenship for free movement rights.
Citizenship eu citizenship law european citizenship nationality. From 2017 globalcit is the successor of eudo citizenship, which started in 2009 with an initial focus on citizenship laws in the eu member states and gradually expanded its thematic and geographic scope. This article examines the concept of eu citizenship and its scope of application, which does not require a crossborder link. Rscas201924 should eu citizenship be disentangled from. Eu law lecture notes citizenship citizenship of the. The reconceptualization of european union citizenship brill. Notes on the melloni case equality across the legal orders. Learn vocabulary, terms, and more with flashcards, games, and other study tools. In addition to providing a stronger treaty basis for the rights of movement, residence and equal treatment of eu nationals, and gathering existing entitlements together under.
A reappraisal of the case law of the court of justice on the free movement of persons and eu citizenship, yearbook of european law, volume 27, issue 1, 2008, pages 167193. Individual states and nations recognize citizenship of persons according to their own policies, regulations and. The purpose of this article is to illustrate that idea by looking at the recent developments in the case law relating to the treaty provisions on eu citizenship, in particular at ruiz zambrano and its progeny. As an eu citizen, you have the right to live and move within the eu without being discriminated against on the grounds of your nationality. The eu citizens direct family members, including their noneu spousepartner and the. The only exception is a child born in angola to unknown or stateless parents. European union in search of a democratic and constitutional theory, kluwer law international, 2002, 168 and ff. All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a standalone resource. Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation. Citizenship of the european union was introduced by the maastricht treaty, which was signed in 1992, and has been in force since 1993. Examining the seminal judgment of the european court of justice the ecj in the ruiz zambrano case c.
Since the state is organized and the government is established for the welfare of the citizen, it becomes essential that we should know the meaning of the term citizen. In zambrano, the ecj held that article 20 tfeu precludes national measures which have the effect of depriving citizens of the union of the genuine enjoyment of the substance of the rights attaching to the status of citizen of the union. They contain all the key cases and legislation, along with definitions and explanations of key concepts and the relevant legal tests. Eurlex a12000 en eurlex access to european union law. A bundle is available containing this document and others separate eu law topics. One of our expert writers has created this bespoke sample law essay that shows the incredible quality thats guaranteed with every piece of work ordered. The european commission the eu s executive body, it is responsible for proposing and implementing eu laws, monitoring the treaties and the daytoday running of the eu. Secondary legislation which includes regulations, directives and decisions are derived from the principles and objectives set out in the treaties. The maastricht treaty first introduced the legal concept of eu citizenship as part of the move from a mainly economic community to a political union. Mar 28, 2016 revision legals posts will not take the place of securing individual legal representation and should not be considered a substitute for direct discussion with the country where you plan to gain citizenship.
View notes eu law lecture notes citizenship from laws 08125 at university of edinburgh. By exploring eu citizenship through relevant legislation and case law, core notions of its rationalization by the court of justice of the european union cjeu will be addressed. In turn, this development in the case law has important repercussions on the way we think about union citizenship in particular, the dichotomy statusbeneficiary, together with the additional requirements imposed by the court and the reallocation of responsibility of vulnerable citizens across national boundaries, not only reduce the. Shaw, law of the european union, palgrave law masters, 2000, 381 and ff. See for yourself why were the worlds leading academic writing company. The work of both scholars predates the introduction of eu citizenship in 1993. If a central element of citizenship consisted of participating in the business of ruling, as aristotle and the republican tradition claimed, the corollary was that citizenship is impossible in a monarchy, where one can only be a subject. These are all the summary notes that i used for the takehome eu law exam in 2016 which got a high first class. To raise awareness of eu citizenship among both the public and national authorities, the commission periodically publishes an eu citizenship report. The idea of citizenship has been defined as the capacity of individuals to defend their rights in front of the governmental authority. Catherine, irish ntl baby, resident in the uk, entitled to rely on eu law even though.
The concept of citizenship is composed of three main elements or dimensions cohen 1999. Globalcit is committed to factbased and nonpartisan analysis of citizenship laws and policies around the globe. Birth within the republic of angola does not automatically confer citizenship. It was introduced by maastricht we are all citizens of the union. While it is fairly easy to understand how one is a citizen of a state, how do you define citizenship of an international organisation such as the eu. Oxford university press online resource centre essay question. Eu citizenship a companion to european union law and. Directive 200438ec introduces eu citizenship as the basic status for nationals of the. The treaty established a direct legal relationship between that new legal identity and its citizens by establishing a directly elected. Revision legals posts will not take the place of securing individual legal representation and should not be considered a substitute for direct discussion with the country where you plan to gain citizenship. Contrasting dynamics at the interface of integration and constitutionalism in in p.
Whether the assumption is true that union citizenship has partly replaced the nationality of the member states of the european union will be examined in section 1. Eu citizenship in the treaty on european union and its evolution 23. In that case, the referring court asked, in essence, whether mr ruiz. Citizenship of the european union eu is afforded to qualifying citizens of european union member states. To raise awareness of eu citizenship among both the public and national authorities, the commission periodically publishes an eu citizenship. The first is citizenship as legal status, defined by civil, political and social rights. The value of union citizenship lies in its capacity to confer rights on those moving within the european union who falls outside the category of workers. Also includes the problem question formula i used for free movement of goods and persons and citizenship with the key concepts to elaborate on in the. Mar 17, 2016 revision legals posts will not take the place of securing individual legal representation and should not be considered a substitute for direct discussion with the country where you plan to gain citizenship. They contain all the key cases and legislation, along with debate surrounding some of the main concepts. The european year of citizens and the eu citizenship report 20 will demonstrate, with concrete examples, which bene. European union law course lecture notes 11 on free movement of persons and citizenship university of london school of the nations international programmes nations university. You may set up home in any eu country if you meet certain conditions, depending on whether you are working, studying, etc. Citizenship of rights and the principle of the highest standard of fundamental rights protection.
In a narrow sense, it means the resident of a city. Latvia has had four major revisions to its citizenship laws in the past century. Since 1993, the european commission reports every 3 years on progress towards effective eu citizenship and new priorities for the years ahead in the area of eu citizenship rights. Directive 200438 consolidated, updated and replaced most of the legislation governing the rights of movement and residence of all previous categories of people enjoying such rights under eu law, including workers, the selfemployed, jobseekers, students, families etc, under the title of citizens. Eu provisions do not apply to situations wholly internal to a ms surinder singh c37090 eu law can be invoked by nationals against their own ms when they are exercising or have. If you continue browsing the site, you agree to the use of cookies on this website. Summary according to recent case law by the european court of justice, eu citizenship has been framed as destined to be the fundamental status of member state nationals. Secure your academic success and place an order today or view our services. Here, the citizen is the legal person free to act according to the law and having the right to claim the laws protection. Every national court must, in a case within its jurisdiction, apply community now union law in its entirety and protect rights which the latter confers on individuals and must accordingly set aside any provision of national law which may conflict with it, whether prior or subsequent to the community now union rule.
Article 20 is the central article on this issue, and it defines what it means to possess a derivative or dependent citizenship. Pathways to citizenship for thirdcountry nationals in the eu. The emerging culture of eu citizenship as citizenship of. Thirdly, the book engages with issues of eu citizenship and equality as the building blocks of the eu project. The term citizen can be understood in a narrow or in a broad sense. Revision notes slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. It was given to the citizens of member states by the 1992 maastricht treaty, at the same time as the european community was gaining its own legal identity. Free movement of workers european parliament europa eu. A reappraisal of the case law of the court of justice on the free movement of persons and eu citizenship. In spite of globalisation and the approximation of political and social systems, the assumption of a. The triangular relationship between nationality, eu citizenship. The eu summary was produced in the context of the project access to citizenship and its impact on immigrant integration acit cofunded by the european fund for the integration of noneu immigrants european commission grant agreement. Let us see what steps were taken to establish this particular form of status civitatis that differs from the standard legal form of citizenship that we are used to consider equivalent to nationality. Anyone who is a national of an eu country is automatically an eu citizen.
Ecj wholly internal point, citizenship of the eu protects ppl from discrim on matters within scope of eu law. The impact of union citizenship on national citizenship. The recent developments in eu citizenship have been admittedly fairly quiet in comparison to the uproar after the ever controversial zambrano case where the interpretation of citizenship provisions under article 21 tfeu went astray. Eu citizenship and the european court of justices stonebystone approach. The concept of eu citizenship in the case law of the european. Selected case law on freedom of movement and residence. Eu citizenship and the rights it confers lie at the heart of the eu. Html pdf abstract it is well known that eu citizenship is parasitic upon national citizenship. Two successive action programmes have supported its agenda in this respect. The status of european citizenship was introduced in european law with the maastricht treaty in 1992. Eu citizenship, introduced by the maastricht treaty in 1993, is now defined by the provisions found in the articles 2024 of the treaty on the functioning of the european union hereafter tfeu. Eu law lecture 5 citizenship of eu flashcards quizlet. Citizenship of the european union is a status that is held by every person who is a national of a member state of the union. Some key caselaw erosion of the wholly internal rule general position individuals must move in order to engage eu free movement rights.
National roma integration strategies, a may 2012 commission report notes a persistent economic. The aim here is also to see how the right to free movement ties in with social rights, like the right to family reunification. Article 20 of the treaty on the functioning of the european union. Apr 21, 2020 the report considers that continuity union citizenship continuity is the more convincing interpretation of european union law and international law as it stands, but it also considers the alternative of creating the new status of associate union citizenship of the european union for british nationals associate union citizenship. European union law course worksheet on lecture notes 11 on free movement of persons and citizenship university of london school of the nations international programmes nations university. Nationality, as the name suggests, is something in connection with the nation, which a person obtains by birth and is innate. In the context of eu law conferred means that the union shall act only within.
The impact of union citizenship on national citizenship policies. To become an eu citizen it is necessary to be a citizen of one of the member states. Eu case law parttime workers, even with very limited hours of work, can fulfil the criteria of worker status and thereby have full access to social rights in the destination country. The principle is enshrined in the eus treaties and is a key factor in developing a european identity. Pdf eu citizenship and the european court of justices. In the case of reyes, the question concerns a clarification on the. Noneu nationals may acquire parasitic rights under eu law if they are related to, or in a durable relationship with, an eu citizen. It considers the rights of free movement and residence of eu citizens, political rights of citizenship, and directive 200438 on the rights of free movement and residence.
Citizenship of the union shall be additional to and not replace national citizenship. There are four different avenues that can earn a person german citizenship. Yet, eu treaties and secondary law make clear that the rights granted to union. Nationality in public international law and european law. This contribution examines the transformation of eu citizenship, and applies it to. It is additional to having member state nationality. The free movement of persons revision notes la0633 studocu. This chapter examines the history of union citizenship, where it came from and how it developed over time. Eu citizenship and withdrawals from the union 2 one looks only at the citizenship issues related to the member states planning to say goodbye to the journey in the unknown destination.