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Citizenship of the European Union was introduced by the Maastricht Treaty signed in 1992. It exists alongside national citizenship and provides additional rights to nationals of European Union Member States.
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Prior to the Maastricht Treaty (1992), the European Communities treaties provided guarantees for the free movement of economically active persons, but not, generally, for others. The Treaty of Paris (1951)Article 69. establishing the European Coal and Steel Community established a right to free movement for workers in these industries and the Treaty of Rome (1957)Title 3. 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.Craig, P., de Búrca, G. (2003). EU Law: Text, Cases and Materials, 3rd Edition, Oxford, New York: Oxford University Press, 706-711. ISBN 0-19-925608-X. In LevinCase 53/81 D.M. Levin v Staatssecretaris van Justitie., 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 movesCase 139/85 R. H. Kempf v Staatssecretaris van Justitie.. Since, the ECJ has heldJoined cases 286/82 and 26/83 Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro. that a recipient of service has free movement rights under the treaty and this criterion is easily fulfilled Case 186/87 Ian William Cowan v Trésor public., 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.Advocate General Jacobs\' Opinion in Case C-274/96 Criminal proceedings against Horst Otto Bickel and Ulrich Franz at paragraph [19]..
The concept of EU citizenship as a distinct concept was first introduced by the Maastricht Treaty, and was extended by the Treaty of Amsterdam. The Treaty of Amsterdam stated that union citizenship will not replace national citizenship, but only supplement it.This rendered the provision to the same effect in Protocol no. 5 on the position of Denmark in the Treaty on the European Union superfluous. See Ministry of Foreign Affairs in Denmark. The Danish Opt-Outs. Retrieved on 2007-11-24.
In Martinez SalaCase C-85/96 MarÃa MartÃnez Sala v Freistaat Bayern., the ECJ held that the citizenship provisions provided substantive free movement rights in addition to those already granted by Community law.
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 complement and not replace national citizenship.
All nationals of Member States are citizens of the union. "It is for each Member State, having due regard to Community law, to lay down the conditions for the acquisition and loss of nationality." Case C-396/90 Micheletti v. Delegación del Gobierno en Cantabria, which established that dual-nationals of a Member State and a non-Member State were entitled to freedom of movement; case C-192/99 R v. Secretary of State for the Home Department, ex p. Manjit Kaur. It is not an abuse of process to acquire nationality in a Member State solely to take advantage of free movement rights in other Member States: case C-200/02 Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department.
EU member states use a common passport design, burgundy coloured with the name of the member state, national seal and the title "European Union" (or its translation).
The amended EC Treaty provides the following rights to EU citizens:
The right to residence for nationals of the two most recent EU members (Romania and Bulgaria) may be limited by member states. However, such limitations can only be imposed in the seven years following those countries\' accession, i.e. until the end of 2013.
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 this Treaty and by the measures adopted to give it effect.The European Court of Justice has remarked that,
EU Citizenship is destined to be the fundamental status of nationals of the Member States.Case C-184/99 Rudy Grzelczyk v Centre public d\'aide sociale d\'Ottignies-Louvain-la-Neuve.
The ECJ has held that this Article confers a directly effective right upon citizens to reside in another Member State.Case C-413/99 Baumbast and R v Secretary of State for the Home Department, para. [85]-[91]. Before the case of Baumbast, it was widely assumed that non-economically active citizens had no rights to residence deriving directly from the EC Treaty, only from directives created under the Treaty. In Baumbast, however, the ECJ held that Article 18 of the Treaty granted a generally applicable right to residency, which is limited by secondary legislation, but only where that secondary legislation is proportionate.Durham European Law Institute, European Law Lecture 2005, p. 5. Member States can distinguish between nationals and Union citizens but only if the provisions satisfy the test of proportionality. (2006) European Union Law, 5th Edition, Sweet & Maxwell. ISBN 978-0421925601. Migrant EU citizens have a "legitimate expectation of a limited degree of financial solidarity... having regard to their degree of integration into the host society" (2006) "The constitutional dimension to the case law on Union citizenship". European Law Review 31 (5): 613-641. . See also Case C-209/03 R (Dany Bidar) v. London Borough of Ealing and Secretary of State for Education and Skills, para. [56]-[59]. Length of time is a particularly important factor when considering the degree of integration.
The ECJ\'s case law on citizenship has been criticised for subjecting an increasing number of national rules of the proportionality assessment
Much of the existing secondary legislation and case law was consolidatedEuropean Commission. Right of Union citizens and their family members to move and reside freely within the territory of the Member States. Retrieved on 2007-12-26. in Directive 2004/38/EC on the right to move and reside freely within the EU.Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
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