Citizenship of the European Union or European citizenship is a legal status that grants him who possesses certain rights and freedoms. It was introduced by the Maastricht Treaty signed in 1992. It interacts with the concept of citizenship and nationality of the various member countries of the European Union. According to Article 17 of the Treaty of Rome (as amended) , for "citizenship of the Union" must have "nationality of a Member State". The introduction of European citizenship aims to strengthen and promote European identity in order to enhance community integration.

This confers citizenship on the European public, since the directives of 1990 and the 2004 , the right to move and reside in a Member State unless it is linked to any economic activity. Also it allows holders of such citizenship to vote and be eligible for the European Parliament but also in the municipal elections of the State of residence of the citizen.

European citizenship is the culmination of an evolution whose starting point was the Treaty of Rome in 1957. Indeed he established the free movement of persons within the European Community. However this freedom remains conditional on an economic activity (paid employment, service delivery, ...) .

In 1974, the Paris Summit has raised the question of "special rights" to give nationals of the Economic Community.

The Single Act of 1986 amended the Treaty of Rome to the abolition of internal borders (and hence abolition of checks on persons). This space has not been created before December 31, 1992 as planned, however, the Council extended the right of residence to persons not of economic activity (subject to sufficient resources and social security cover) . These rights were institutionalized through the establishment of citizenship of the European Union in the Maastricht Treaty in 1992. In October of that year, the European Council meeting in Birmingham the contours of that citizenship by stating that "citizenship of the Union brings our citizens additional rights and protection, without in any way replace their national citizenship.

In 1997, the Treaty of Amsterdam has deepened the free movement of people across the Schengen agreement , while the European Council of Tampere (1999) reaffirmed the principle of setting up an area of justice to European citizens of the courts of any country.

Definition

The Treaty on European Union citizenship described as follows :

"Article 8

1. There shall be a citizen of the Union. Union citizen is a person holding the nationality of a Member State.
2. Citizens of the Union shall enjoy the rights and be subject to duties imposed by this treaty. "

Sections 8A to 8E describe the rights and duties deriving from the possession of European citizenship .

Rights and freedoms associated with European citizenship

EU citizenship offers certain rights and privileges within the Union. In many areas, EU citizens have equal rights or similar rights as local citizens of the Member States. The rights guaranteed to EU citizens include:

• the right not be discriminated against because of nationality within the limits of application of the Treaty (Article 12);
• the freedom of movement ( CISA ) and residence throughout the Union and the right to ask for work at any position (including national civil servant with the exception of sensitive positions such as military) (Article 18 );
• the right to vote and the right to stand for local and European elections in any Member State (other than that his own), under the same conditions as nationals of that State (Article 19 ) ;
• entitled to protection by the diplomatic or consular authorities of other states . The European Commission or the European Parliament and the Council of the European Union , in their work on the program proposal Citizens for Europe said that citizenship of the Union should be the fundamental status of nationals of the European Union ;
• the right to petition the European Parliament and appeal to the European Ombudsman ;
• the right of appeal to the Community institutions in one of the official languages and receive a reply in the same language (Article 21);
• the right of access to documents of the European Parliament , the European Council or the European Commission (Article 255).

Free movement

The rules concerning the free movement of persons are mostly defined by the Directive 2004/38. The EU citizens can stay in a Member State for a period of three months without any obligation other than to hold an identity card or passport is valid. However, for periods ranging from 3 months to 5 years, the right of residence of a Union citizen (and members of his family accompanying him) is acquired under certain conditions :

• the citizen who is employed or self-employed in the host Member State or,
• it has sufficient resources and comprehensive sickness insurance in order to avoid becoming a burden on the social assistance system of the host Member State or,
  • is enrolled in an accredited institution or funded by the host Member State for study purposes, including training and professional
  • it has a comprehensive sickness insurance and warrants that it has sufficient resources to avoid becoming a burden on the social assistance system of that State.

For these stays not exceeding three months, the host Member State may require Union citizens to register with the relevant authorities. Beyond 5 years, citizens acquire the right of permanent residence in the territory of the host .

Temporary Exceptions

When new countries join the Union, the Accession Treaty can optionally specify transitional measures to temporarily restrict the free movement of nationals of entrants in the Member States which so request .

The Accession Treaty of 2004 welcoming 10 new members, as well as 2007 concerning Bulgaria and Romania contain such measures . The restriction imposed by such treaties can not be sustained for over 7 years, divided as follows:

• a Member State decides to apply the restrictions of free movement for a period of 2 years
• after report of commission , he may extend the restriction to three years of additional
• Finally, it can again extend the restrictions for 2 more years "if the labor market or threat of serious disturbance" .

Thus, in 2010, nationals of Bulgaria and Romania are not fully benefiting from the European principle of free movement in France, obtaining a residence permit and a work permit is always required .

Elections

In terms of elections, an EU citizen may

• vote and be elected to the European elections ,
• vote and be elected in municipal elections in the Member State where he resides (for over 3 months) .

In France, it can be alderman, but he can be mayor or deputy, or participate, directly or indirectly, the election of senators .

Work in the Public

A European citizen can be a public servant in his home state but only for jobs which do not affect the sovereignty or national security. In France , for example, the Act of July 26, 2005 opened to the public foreign national of a Member State of the Union, reserving to the only national positions "involving the exercise of sovereignty or putting implement elements of the service (army, police, judiciary, diplomacy and tax administration) "

Duties

The duties of citizens of the European Union are required by any of the current treaties. Nevertheless, the Charter of Fundamental Rights lays down the following principle: "the enjoyment of these rights entails responsibilities and duties" .

Cases

The law specifies the rights of EU citizens. The following cases provide an overview of the diversity of this case.

Student Financial Aid

The conditions laid down by national law in granting assistance covering maintenance costs of students must be objectively justified and independent of the nationality of citizens of the European Union. To determine if this is the case, a national court must verify that these conditions are appropriate for establishing the existence of a genuine link between an EU citizen applying for such assistance and the national education system and the national society. In addition, these conditions must not go beyond what is necessary to achieve this goal .

taxation of alimony

Articles 12, first paragraph, EC and 18, paragraph 1, EC must be interpreted as meaning that they do not preclude a taxpayer resident in Germany can not, under national legislation such as that at issue in the case, deduct from its taxable income in that Member State the alimony to his ex-wife living in another Member State in which that pension is not taxable, then it would be entitled if his ex-wife resided in Germany.

Change of name of minor children

Articles 12 EC and 17 EC must be interpreted as precluding that, in circumstances such as those in the main proceedings, the administrative authority of a Member State refuses to follow up favorably to a request for change of name of minor children residing in that State and having dual nationality of that State and another Member State, while this application is for these children to bear the name of which they are entitled under the law and tradition of the second Member State.

Social security benefits for job seekers

At this stage of its evolution, Community law does not require a social security benefit, intended to jobseekers who provide proof of the inadequacy of their resources, is given to a citizen of the Union enters the territory of a Member State with the intention of seeking a job and who does no roots in this state or any link with the national labor market.

Residence of children of divorced parents

The children of a citizen of the European Union who have settled in a Member State while their parent of rights of residence as a migrant worker in that Member State are entitled to reside there in order to pursue general education courses in accordance with Article 12 of Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community. The fact that the parents of the children concerned have meanwhile divorced, the fact that only one parent is a citizen of the Union and that parent is no longer a migrant worker in the host Member State or the fact that children are not themselves EU citizens have no impact in this regard.

Benefit from a social benefit

Articles 6 and 8 of the EC Treaty (now, after amendment, Articles 12 EC and 17 EC) preclude entitlement to a social benefit of a non-contributory, as the minimum livelihood under section ¹ of the Belgian law of August 7, 1974, or subordinated in respect of nationals of Member States other than the host Member State in whose territory they are legally resident, provided that they fall within the scope of Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community, even if no condition this nature does not apply to nationals of the host Member State.

Dual citizenship

In the case Micheletti v. Delagacion del Gobierno in Cantabria , it was determined that "belong

Directive 2004/38

Secondary legislation and existing businesses have been consolidated by Directive 2004/38/EC of 29 April 2004 "on the right of Union citizens and their family members to move and reside freely within the territory of Member States "amending Regulation (EEC) No 1612/68 and repealing a series of previous directives ^, .

Article 24 of the Directive stipulates that "every citizen of the Union residing on the territory of the host Member State under this Directive shall enjoy equal treatment with nationals of that Member State in the scope of the treaty ". In other words, equal treatment is not limited to workers: a student or unemployed person, a citizen of one EU state, has the same rights as other students and unemployed in a State EU, when residing in it. The Court of Justice has confirmed this right (eg as part of a German citizen, the party worked in Austria and then subsequently receiving unemployment benefits in Austria, returned to Germany and demanded that the Austrian Fund for payment of these allowances ).

Notes

• Legal note: Sources for the European Communities, "Only the printed version is authentic to the European Union legislation published in paper editions of the Official Journal of the European Union. "

Sources

References

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