Preview

Eu Citizenship

Powerful Essays
Open Document
Open Document
2536 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Eu Citizenship
EU CITIZENSHIP

1. THE SCOPE OF THE RIGHTS TO FREE MOVEMENT

(a) EU CITIZENSHIP: “EU Citizenship rights once given, cannot be denied or claimed to be abused”

The free movement of persons is said to be one of the four fundamental freedoms of European Union law, along with the free movement of goods, services, and capital, and one of the essential components of the internal market.

i) The primary legislation:

Treaty on European Union (Lisbon consolidated):

Art 3 (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 with respect to external border controls, asylum, immigration and the prevention and combating of crime.”

Art 4 (2): “...respect the equality of Member States...as well as their national identities...”

Art 9: “...shall observe the principle of the equality of its citizens. Every national of a Member State shall be a Union citizen. Citizenship of the Union shall be additional to national citizenship and shall not replace it.”

Treaty on the Functioning of the European Union (Lisbon consolidated):

Art 8: “...eliminate inequalities...promote equality between men and women.”
Art 9: “...social protection...”
Art 10: “...aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.”
Art 18: “...any discrimination on grounds of nationality shall be prohibited.”
Art 19: Council with consent of EP to take “appropriate action” combat aims of Art 10

Art 20 (1): “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.
(2): “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

You May Also Find These Documents Helpful

  • Powerful Essays

    Psc 110 Final Exam

    • 3368 Words
    • 14 Pages

    vi. Each person has the right to be recognized as a person everywhere before the law.…

    • 3368 Words
    • 14 Pages
    Powerful Essays
  • Satisfactory Essays

    The right of foreign residents in a country to live under the laws of their native country and disregard…

    • 743 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Doc A

    • 3569 Words
    • 12 Pages

    14. Grants citizenship to “all persons born or naturalized in the United States”. Forbade any state to deny any person “life, liberty or property”, without due process of law”. Cannot “deny to any person within its jurisdiction the equal protection of its laws.”…

    • 3569 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Marshall’s (1950) theory of citizenship has been discussed and criticised widely as this is where the basis of the concept of citizenship lies. He divided citizenship into three parts. Firstly the civil component, which includes the ‘freedom of speech, the right to own property and the right to justice’ (Marshall 1950 cited in Turner 2003:189). This component is necessary for the achievement of individual freedom. Secondly is the political element; ‘constituted by the rights to participate in the exercise of political power, in particular the rights to free elections and a secret ballot’ (Turner 2003:190). And finally the social component as the right to ‘a modicum of economic welfare and security to the right to share to the full in the social heritage and to live the life of a civilized being’ (Marshall 1950 cited in Turner 2003:190). Marshall further argues that tension has developed in society because of an increasing need for economic profitability, the taxation requirements and the rights of citizens to welfare provisions (Turner 1990). However his theory has been criticised by writers who argue that his argument is complacent and conservative (Roche cited in Turner 1999:192). On the other hand Taylor 2001 uses Aristotle’s notion of citizenship. Taylor maintains that Aristotle recognised that the success and fate of democracy depended upon the quality of its citizens, although…

    • 2923 Words
    • 12 Pages
    Good Essays
  • Best Essays

    admission to all the rights and privileges which belong to them as citizens of these United…

    • 2084 Words
    • 9 Pages
    Best Essays
  • Good Essays

    Mla Format - Abortion

    • 821 Words
    • 4 Pages

    The right of the people to be secure in their persons, houses, papers, and effects, against…

    • 821 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Rules which are relating to the free movement of persons have changed over the periods of time. In the beginning, the rights of free movement were given only to those who were economically active such as workers and self-employed. However, others now have the right to move freely between Member States without being economically active. It must be borne in mind that the right of free movement between Member States is limited under the conditions laid down in the Treaty (article 45 TFEU) which are public health, public policy, public security and public service. For instance, in Van Duyn the Home Office refused him, on the ground of public policy, to enter the UK to take up an employment with the ‘Church of Scientology’ because this job was considered to be socially harmful. The ECJ considered article 27(2) of the Citizens’ Rights Directive (CRD) which states the measures taken on the grounds of public policy must be ‘based exclusively on the personal conduct of the individual…

    • 3019 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    The Treaty of Maastricht in 1992 -1993 makes the existence of the European Union into fact. The Lisbon Treaty, which entered into force on 1 December 2009 and transformed the EU. The aim is to make it a flexible union, to strengthen its position in the international arena, which can be achieved through institutional changes and facilitate the process of decision making. The priorities are to achieve transparency and efficiency.…

    • 2026 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union, COM(2010) 573 final…

    • 5447 Words
    • 22 Pages
    Powerful Essays
  • Best Essays

    In order to give an answer to the question above, it is worth mentioning that the two key points that this essay will analyse [the EU and the notion of sovereignty] are both really hard to define from just one point of view, therefore different theories will be taken into account to give a complete and fulfilling outlook of the effect that the creation of the European Union had given to the concept of modern sovereignty among its member states. The essay will start with an introduction of the creation, shaping and then integration of the European Union, it will then move on trying to define what the EU and sovereignty really are, underlining the changes and innovations throughout history to eventually get to the solution that the answer can be found in the middle: yes, in some ways the member states are consciously letting the European Union undermine their individual sovereignty; but also no, because at the same time the EU is not a federation. So, member states are both sovereign and not (Hedetoft 2005). The United States of Europe imagined by Churchill is still a daydream (Pinder 2001:1). Plenty of writers and philosophers tried to analyse and give sense to the historical, cultural [and recently economical] links European states have always had [like Spinelli’s Crocodile Club] (Nelsen and Stubb 2003:91-92 and Bainbridge 1998:113). Churchill was definitely not the first nor the last one to believe in it and, as we can see, Victor Hugo anticipated him in his ‘opening speech of the Peace Congress’ saying:…

    • 2499 Words
    • 10 Pages
    Best Essays
  • Good Essays

    Daily Mail Case

    • 745 Words
    • 3 Pages

    2 . The title and provisions of Council Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services refer solely to the movement and residence of natural persons, and the…

    • 745 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Article 56-“Within the framework of the provisions set out below, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended”.…

    • 1726 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Deprivation of Citizenship

    • 53253 Words
    • 214 Pages

    African citizenship law Racial, ethnic, and religious discrimination Gender discrimination Naturalisation Dual citizenship Due process: Revocation of citizenship and expulsion of citizens International norms Recommendations…

    • 53253 Words
    • 214 Pages
    Powerful Essays
  • Good Essays

    Citizenship to the EU further unified the member states, often offering citizens equal rights and privileges across the borders, meaning that no distinction is to be made between a EU and a native citizen. However, as is mentioned in the draft EU Constitution (2004), EU citizenship does not replace national citizenship, rather they coincide so both are retained. This implies that citizens must not only abide by the rules and rights of their own country, but additionally to those of the European Union. These attempts to bring Europe together and create a ‘European identity ' have certainly be questioned, since it is a strange idea to have two different citizenships and virtually two different identities.…

    • 1087 Words
    • 5 Pages
    Good Essays
  • Best Essays

    “EU policies aim to ensure the free movement of people, goods, services, and capital,[5] enact legislation in justice and home affairs, and maintain common policies on trade,[6] agriculture,[7] fisheries and regional development.”[8]…

    • 2058 Words
    • 9 Pages
    Best Essays