Citizenship of the European Union

The Citizenship of the European Union have all nationals of the Member States of the European Union according to Article 20 of the Treaty on the Functioning of the European Union ( TFEU). From Citizenship follows a number of rights of EU citizens, in particular in the other Member States whose nationality they do not possess.

Nationals of a Member State

Citizenship of the Union is not a separate citizenship but complements national citizenship and shall not replace them. European law therefore does not make any separate arrangements for the purchase of EU citizenship. This is problematic insofar as there are different categories of nationality in individual Member States. The inhabitants of specific regions of the European Union have partially no full citizenship rights. This concerns both the non-European territories of the Member States, but on the other hand, located in Europe, regions with special status. This also (not yet fully clarified ) problems in terms amenable to citizenship. Thus, there are nationals of certain Member States, which are yet no EU citizens, and others who rest their nationality and thus citizenship.

In a statement to the Maastricht Treaty was determined that the Member States may announce which persons are to be regarded as its nationals for the purposes of EU law. Thus, determining the Member States alone, get their nationals the legal status of a Union citizen.

Danish citizens without Citizenship

The Faroe Islands are autonomous Danish territory, the Faroese have Danish citizenship. When Denmark's accession to the EC, however, was recorded in the Accession Treaty, that the Faroe not join the EC. Article 4 of Protocol No 2 to the Act thus establishes that the resident in the Faroe Islands nationals are not considered as nationals of a Member State. The autonomous Danish territory of Greenland also occurred in 1985 from the EC from; Greenlanders are also Danish nationals. The Faroese and Greenlanders have Danish passports. Instead of the print " The Europæiske Union " but is " Føroya " or " Kalaallit Nunaat ". This makes it clear to the outside, that members of the Danish autonomous regions are not EU citizens. In practice, however, Faroese and Greenlanders have the choice in having a local or a European passport.

British nationals without Citizenship

The British Channel Islands Guernsey and Jersey and the Isle of Man are indeed British as a direct Kronbesitz territory, but they belong in accordance with Article 355 paragraph 5 not TFEU the EU. The Manxer and residents of the Channel Islands are, in principle, no EU citizens. The islanders, however, the ( grand) parents from the UK have that were born there themselves or have resided for a period of at least five years in the UK to acquire pursuant to Article 6 of Protocol No 3 to the Act through this narrow connection with the United Kingdom and citizenship. This rule only a few islanders do not enjoy the benefits of Union citizenship. Accordingly, there are British passports "British Islands Bailiwick of Guernsey " imprinted with "European Union " or without him. The same applies to Jersey and the Isle of Man. Regardless of the islanders as "British Citizens" British citizens of the first rank.

Dormant Citizenship

The Spanish nationality law recognizes a "dormant nationality " because of various agreements on dual citizenship with 12 Latin American countries. Spanish nationals who resettle in one of these countries and there take a local nationality, do not lose the Spanish nationality, but it rests until possible new residence in Spain. This temporary suspension loses all rights and obligations under the Spanish nationality, including citizenship. The emigrant Spaniards and their descendants are thus a kind of citizen of the Union on hold. This instrument is also gradually applied retroactively to before the entry into force of the provision had emigrated Spaniards and their descendants, if they make a statement.

Loss of citizenship by loss of nationality

Nationality law of the Member States under certain conditions a loss of nationality by operation of law or by administrative act, such as by the voluntary adoption of a different nationality or withdrawal of a fraudulently obtained naturalization. If the other is the nationality of a third country, thus automatically lost citizenship of the Union. There are voices in the literature that consider this critical, as is engaged by a national government decision in a European legal position. With the Rottmann judgment, the ECJ clarified that the nationality law principle is in the disposition power of the national legislature and the withdrawal of the fraudulently obtained citizenship with European law is consistent. This is true even if the person concerned thereby become stateless. In the context of proportionality considerations, however, it should be the loss of citizenship. This may make it necessary to give the person concerned a period in which he can try to recover the nationality of its home Member State.

Citizenship in multiple nationality

Does the nationals of a Member State of another citizenship or more third countries, the EU citizenship remains unaffected. The other nationalities are irrelevant, but they are made next, with all the rights and obligations arising under the national law of third countries. There stands the Member States not to judge the effectiveness of the nationality of another Member State in accordance with its own national law. So is a Spanish legislation providing that the nationality will be given priority corresponding to the habitual residence of the person concerned before arriving to Spain, then do not apply where a Union citizen is thereby limited in this legal position.

The citizen in the European Union

The concept of citizenship was introduced in 1992 by the Treaty of Maastricht in Article 17 of the EC Treaty. The citizen who is a national of a Member State of the European Union, thereby automatically since 1992 at the same time citizens of the Union. Since 1 December 2009, the European citizenship is regulated by the Lisbon Treaty in Article 20 on the Functioning of the European Union ( TFEU). Citizenship of the Union complements national citizenship, but does not replace it. The acquisition of national citizenship is based solely on the respective national law. In Germany, not German citizens of the Union are colloquially called EU foreigners.

By Citizenship arises between citizens and the Union a legal relationship, which includes rights and obligations. However, obligations of citizens are (about a European military ) so far not provided. The rights include in particular:

• Freedom of movement,
• Prohibition of discrimination,
• Local elections at the residence,
• Suffrage to the European Parliament,
• Diplomatic and consular protection,
• Petition and the right to appeal and the
• Right to communicate in one of the official languages ​​of the European Union with the EU and to obtain a reply in the same language.

Prohibition of discrimination

For EU citizens to be considered under Article 18 sentence 1 TFEU following the prohibition of discrimination on grounds of nationality. Thus, any legal unfavorable treatment of Union citizens, especially against a national, but also against other foreigners ( third country nationals) is prohibited. Conversely, this means that the EU citizen is entitled to the most favorable legal position in each case that any other would be entitled by reason of nationality (so-called MFN ). Thus privileges to act under bilateral contracts indirectly to all Union citizens.

A distinction is made between direct and indirect discrimination. Direct discrimination is based directly on the (foreign) nationality. This is when foreigners are excluded from certain benefits, their legal violations are sanctioned higher or they have to pay higher fees. Indirect discrimination occurs when the inferior legal position is not out of foreign nationality, but for example, a residence abroad - a residence abroad typically have just foreigner. Whether a breach of indirect discrimination exists, is often hard to define. Just because of a general order more onerous EU foreigners are concerned as nationals, it must be non-discriminatory. However, when targeted foreigners should be taken by the available, it would be illegal.

However, in a worse position then is not prohibited if it is allowed by European law or based on proper reasons. For example, the imposition of a security against the person concerned without a permanent residence in Germany with traffic violations also against Union citizens allowed as long as the international agreements on the enforcement of the fine abroad are not effective. However, no proper reason is a higher administrative expenses for sending notices, etc. abroad if they can be ultimately actually enforced. There are now a Framework Decision on the European arrest warrant. Therefore, it is no longer necessary, that you may request facilitated custody and security against EU citizens living in another Member State. For this facilitated request is forbidden.

Since the Union citizen can make his European rights only within the scope of European law claims that the so-called reverse discrimination is permissible under European law. This means that the Member State may allocate its own citizens a worse legal position than non-nationals. Thus, for example, of its own nationals require a qualifying education ( master craftsman ) to exercise a particular industry may while of EU citizens only Associate degree and relevant professional experience may be required, which entitles the country of origin for the exercise of the trade.

The reverse discrimination is thereby softened that residents who return to a (longer) stay in another Member State in their home state, also may not be worse off than in the transient state of residence. The acquired right there positions they must not give up in the home. Therefore, if a German Electricians ( skilled workers ), who has led the installation company in the Netherlands, and trained there apprentices to return after a few years after Germany, the establishment of a company and the apprenticeship he should not be refused by reference to the missing German master craftsman. Just around the recognition of foreign professional qualifications but there is often litigation. This is regularly reviewed with binding effect for the future just before the ECJ.

Free movement: right of residence and economic activity

Every citizen of the Union under Article 21, paragraph 1 TFEU provides that the right to free movement. The specific conditions for the exercise of free movement rights regulates the Free Movement Directive 2004/38/EC. That means that every citizen has in principle the right to move freely within the European Union to enter into any other Member State and reside there. This right of residence may be restricted to protect the legitimate interests of the Member States. However, this requires a current, serious threat to a fundamental interest of society, which is caused by the personal conduct of the individual concerned. With the length of stay in another Member State, the intervention threshold for termination of residence is higher.

In addition to the residency law component, the right to free movement includes the ability to operate economically in each Member State, that is, employed or to be self-employed, provide services etc. For the protection of the labor market against uncontrolled immigration are on accession of new countries to the EU regularly adopt transitional provisions that temporarily restrict the free movement of workers and those accompanying rights ( posting of workers, labor hire). These transitional rules shall apply initially for three years, but may be extended by two-time evaluation of the further necessity to up to seven years. It shall be for each Member State to grant free movement of workers comparable legal position under national legislation. The other freedoms, especially the right of residence shall not be affected by the transitional provisions.

Local elections

Article 22 TFEU confers on every citizen of the Union residing in a Member State whose nationality he does not possess the active and passive right to vote in local elections in his country on the same conditions as the nationals of that State.

Europe suffrage

All Union citizens shall have the right to vote in elections to the European Parliament. He exercises this right usually in the member state in which he resides. However, it can also apply to instead choose in his country of origin.

Diplomatic and consular protection

Is his home state not represented in a third State, an EU citizen is entitled to the diplomatic and consular authorities of any other Member State. This protection amounts to help in cases of fatality, serious injury or illness, help with arrests or detention, assistance to victims of violent crime and assistance services for EU citizens in need as well as their repatriation. This right is enshrined in Article 23 TFEU: Every citizen of the Union shall enjoy in the territory of a third country in which the Member State of which he is a national is not represented, from the diplomatic and consular authorities of any Member State on the same conditions as nationals of that State. The Member States shall establish the necessary rules among themselves and start the international negotiations required to secure this protection.

Petition and right of appeal

All Union citizens shall have the right, in matters that fall within the areas of Community activity and affects him directly to petition the European Parliament in accordance with Article 24, Paragraph 1 in conjunction with Article 227 TFEU. The Union citizen can contact regarding maladministration in the activities of the institutions and bodies of the Union with complaints to the European Ombudsman (Article 29 in conjunction with Article 228 TFEU).

Privileged third-country nationals

The right to free movement and non-discrimination apply acc. Article 326 and Article 20 TEU and Articles 4 and 28 of the Agreement on the European Economic Area ( EEA) for the citizens of Norway, Iceland and Liechtenstein.

With the bilateral agreements between the EU and Switzerland, these rights were extended in principle to the Swiss people, but there are slight alterations.

The vested rights also apply to certain family members of EU citizens. These do not own right to free movement, but this guide to the status of citizen of the Union, etc. from.

However, the citizens of EEA countries and Switzerland as well as the privileged family members are still third-country national and not EU nationals.

A similar legal position to enjoy the basis of decisions of the Association Council EEC - Turkey, certain Turkish nationals who are active in a Member State as a worker and their family members. This legal position is limited to that Member State.