Transcript Citizenship of the Union and immigration issues

Citizenship of the Union and
immigration issues
The notion of citizenship
(national citizenship)
D. Chalmers :
« legally enforceable rights, loyalty, a
sense of belonging to the national
community and participation in political
decision making »
R. Bellamy : equality between members
of the society
EU citizenship ?
• Limited social & economic rights
(require mobility)
• Limited participation to decision making
• Sense of belonging to a community,
identity ?
• Equality
Definition
Article 20 TFUE
« 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. »
Rights of EU citizens
Art. 20 TFUE:
Citizens of the Union shall enjoy the rights and be subject to the
duties provided for in the Treaties.
They shall have, inter alia:
- the right to move and reside freely within the territory of the Member
States;
- 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;
- 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;
- 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.
Political rights
Article 22
Every citizen of the Union residing in a Member State
of which he is not a national shall have the right:
- to vote and to stand as a candidate at municipal
elections in the Member State in which he resides
- to vote and to stand as a candidate in elections to the
European Parliament in the Member State in which
he resides
Limits of political citizenship
• Actual participation to the EP election (low
turn-out)?
• Low participation of migrants to local
elections
• No participation to core national political
decision making processes (national
elections)
• Sense of belonging? Attachement to the
place of residence?
Diplomatic protection
Article 23:
Right to protection by the diplomatic or
consular authorities of any Member
State, on the same conditions as the
nationals of that State.
Citizens’participation
Article 24:
- citizens’ initiative (see art. 11 TEU: 1 million citizens
can invite the Commission to initiate legislation)
- Right to petition the European Parliament
- Right to apply to the Ombudsman
- Right to write to any of the institutions in one of the
official languages and have an answer in the same
language.
Free movement / EU
migrants’rights
Article 21
Every citizen of the Union shall have the
right to move and reside freely within
the territory of the Member States,
subject to the limitations and
conditions laid down in the Treaties
and by the measures adopted to give
them effect
Questions about free movement
rights / Immigration issues
• Under which conditions do EU citizens have a right to
immigrate in another MS?
• What is the field of equal treatment? Socio-economic
rights? Political rights?
• Right to family reunion? What about the rights of non
EU citizens?
• Possible deportation? Conditions?