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European Citizenship
 By Carlos Fernández de Bobadilla
            Navarrete
• 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.
• There isn’t one
  “European
  Passport”, but
  every passport
  from the EU has
  the same format,
  but they’re not all
  the same.
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)
•   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).
Right 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).
History
•   The concept of 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.
•   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.
Acquisition
•   There is no common EU policy on the acquisition of European
    citizenship as it is supplementary to national citizenship (one cannot
    be an EU citizen without being a national of a member state). Article
    20 of the Treaty on the Functioning of the European Unionstates
    that
•   Citizenship of the Union is hereby established. Every person holding
    the nationality of a Member State shall be a citizen of the Union.
    Citizenship of the Union shall be additional to and not replace
    national citizenship.
•   While nationals of Member States are citizens of the union, "It is for
    each Member State, having due regard to Union law, to lay down
    the conditions for the acquisition and loss of nationality." As a result,
    there is a great variety in rules and practices with regard to the
    acquisition and loss of citizenship in EU member states.
•   Thus in practice, a member state may withhold EU citizenship from
    certain groups of citizens — namely some in overseas territories of
    member states outside the EU. One example would be the Faroe
    Islands of Denmark which, while are part of Denmark, are outside
    the EU and do not have EU citizenship.
European citizen rights
• -Right to move and reside freely within the
  territory of the Member States;
  -Right to vote and stand in elections to the
  European Parliament and municipal Member
  State in which he resides;
  -The right to protection by the diplomatic or
  consular authorities of Member States other
  than their own;
  -The right to petition the European Parliament;
  -Right of access to documents of the institutions
  and bodies of the Union, and
  -Right to apply to the European Ombudsman.
The end

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European citizenship

  • 1. European Citizenship By Carlos Fernández de Bobadilla Navarrete
  • 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. • There isn’t one “European Passport”, but every passport from the EU has the same format, but they’re not all the same.
  • 4. 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) • 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).
  • 5. Right 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)
  • 6. 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. History • The concept of 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. • 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.
  • 8. Acquisition • There is no common EU policy on the acquisition of European citizenship as it is supplementary to national citizenship (one cannot be an EU citizen without being a national of a member state). Article 20 of the Treaty on the Functioning of the European Unionstates that • Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. • While nationals of Member States are citizens of the union, "It is for each Member State, having due regard to Union law, to lay down the conditions for the acquisition and loss of nationality." As a result, there is a great variety in rules and practices with regard to the acquisition and loss of citizenship in EU member states. • Thus in practice, a member state may withhold EU citizenship from certain groups of citizens — namely some in overseas territories of member states outside the EU. One example would be the Faroe Islands of Denmark which, while are part of Denmark, are outside the EU and do not have EU citizenship.
  • 9. European citizen rights • -Right to move and reside freely within the territory of the Member States; -Right to vote and stand in elections to the European Parliament and municipal Member State in which he resides; -The right to protection by the diplomatic or consular authorities of Member States other than their own; -The right to petition the European Parliament; -Right of access to documents of the institutions and bodies of the Union, and -Right to apply to the European Ombudsman.