European Citizenship: A Concept of Interrelatedness and Conditionality

Abstract

Frank Pfetsch argues that the idea of citizenship in the European Union is different from citizenships known in customary communities or in traditional nation states. It is transnational and dual in the sense that it is linked and additional to citizenship of the member states of the European Union. Every citizen of a member state is automatically a citizen of the Union. His essay explores the various types of relationships between citizenship and political frameworks, the different dimensions of citizenship, as well as the different categories of migration with respective national and European Union regulations. The political role within the institutional settings of the European Union is examined together with the most relevant treaty regulations concerning citizenship.

Appendix

In order to implement a common market the Treaty Establishing the European Economic Community (EC Treaty) of 1957 states in

Article (3)

“the abolition, as between Member States, of obstacles to freedom of movement for persons, services and capital” i.e. the abolishment of customs, duties, and quantitative restrictions.

The Treaty on European Union (Maastricht Treaty, TEU) of 1992, in force 1993, says:

CITIZENSHIP OF THE UNION

Article (8)

1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union.

2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby.

Article (8a)

1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States.

Article (8b)

1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and stand as a candidate at municipal election in the Member State he resides, under the same conditions as nationals of that State.

2. The same right holds for elections of the European Parliament and also the right to petition to the European Parliament and may apply to the Ombudsman.

Article (8c)

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

Article (8d)

Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 138d.

Every citizen of the Union may apply to the Ombudsman established in accordance with Article 138e.

Article 63 on asylum, refugees and immigration measures; these issues are being decided by the Council according to rules laid down in article 67 which means that these policy fields are intergovernmental and the member states have their say.

Article B

The Union shall set itself the following objectives (related to citizenship):

- to strengthen the protection of rights and interests of the nationals of its Member States through the introduction of citizenship of the Union;

- to develop close cooperation on justice and home affairs;

Provisions on Cooperation in the Field of Justice and Home Affairs

Article F

1. The Union shall respect the national identities of its Member States, whose system of governance are founded on the principles of democracy.

2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from constitutional traditions common to the Member State, as general principles of Community law.

Article K.1.

For the purpose of achieving the objectives of the Union, in particular the free movement of persons and without prejudice to the powers of the European Community, Member States shall regard the following areas as matters of common interest:

(1) asylum policy;

(2) rules governing the crossing by persons of the external borders of the Member States and the exercise of controls thereon;

(3) immigration policy and policy regarding nationals of third countries:

(a) conditions of entry and movement by nationals of third countries on the territory of Member States;

(b) conditions of residence by nationals of third countries on the territory of Member States, including family reunion and access to employment;

(c) combating unauthorized immigration, residence and work by nationals of third countries on the territory of Member States.

(4) combating drug addiction in so far as this is not covered by (7) to (9);

(5) combating fraud on an international scale in so far as this is not covered by (7) to (9)

(6) judicial cooperation in civil matters;

(7) judicial cooperation in criminal matters,

(8) customs operation;

(9) Policy cooperation for the purposes of preventing and combating terrorism, unlawful drug-trafficking and other serious forms of international crime, including if necessary certain aspects of customs cooperation, in connection with the organization of Union-wide system for exchanging information within a European Police Office (Europol).

Article 20c

Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, 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 Community’s fields of activity and which affects him, her or it directly.

Article 20d

1. The European Parliament shall appoint an Ombudsman empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of justice and the Court of First Instance acting in their judicial role. (…)

Finally, the Treaty of Lisbon in its consolidated version of 2007 in force 2009 mentions in its Preamble:

Resolved to establish a citizenship common to nationals of their countries.

General Provisions

Article 2

2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.

Provisions on Democratic Principles

Article 8

In all its activities, the Union shall observe the principle of equality of its citizens, who shall receive equal attention from its institutions, bodies, offices, and agencies. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship and shall not replace it.

Article 8a

2. Citizens are directly represented at Union level in the European Parliament.

Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.

3. Every citizen shall have the right to participate in the democratic life of the Union.

Decisions shall be taken as openly and as closely as possible to the citizen.

4. Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union.

Article 8b

4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.

Non-discrimination and Citizenship on the Union

Article 17 shall be amended as follows:

2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia :

(a) the right to move and reside freely within the territory of the Member States;

(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;

(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;

(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.

Policies on Border Checks, Asylum and Immigration

Article 62 under the Chapter 2

states that the Union shall develop a policy concerning “a common policy on visas and other short-stay residence permits.” This has to be decided by the European Parliament and the Council, “acting in accordance with the ordinary legislative procedure.”

Article 63

1. The Union shall develop a common policy on asylum, subsidiary protection, and temporary protection with view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties.