European citizenship : the concept and its implications

Abstract

This thesis focuses on the concept of European Citizenship, as a notion which, although distinct from national citizenship, is added to the latter. This essentially implies that all the nationals of the Member States benefit from a second circle of rights that can be exercised within the European Union. After having delved into the concept of European Citizenship, a detailed description of the elements of European citizenship is undertaken. In this respect, from the analysis of the Treaty provisions, one can enlist a set of enforceable rights, which are specifically outlined in Articles 18-21 and 255 of the EC Treaty. The rights specific to Member States nationals as Union citizens are mainly the following: (i) the right to move and reside freely within the territory of any Member State; (ii) the right to vote and to stand as a candidate at the municipal elections in any Member State; (iii) the right to vote and to stand as a candidate in the elections to the European Parliament; (iv) the right to be protected by the diplomatic or consular authorities of any Member State; (v) the right to petition the European Parliament; (vi) the right to apply to the Ombudsman; (vii) the right to write to any of the institutions in one of the languages of the Union; and receive an answer in that same language; and (viii) the right to information and access to documents held by the European Union institutions. Each of these rights is analysed in detail, with reference to Treaty provisions, directives, recommendations, prevalent case law as well as the opinions of the Advocate-Generals of the European Court of Justice. The whole discussion is carried out in view of the ever evolving notion of European citizenship. Particular emphasis is made on the Chen Case, which marked a conceptual development from a nationality citizenship to a residence citizenship. This latter principle, somehow opting for residence rather than a nationality as the prerequisite for the entitlement to the rights emanating from European citizenship may have broader ramifications in the shaping of this concept in the future.