Четвериков А.О. Гражданство Европейского Союза как правовая форма либерализации трансграничных общественных отношений между государствами–членами ЕС

Аннотация: The citizenship of the European Union (also known as a “European citizenship”) is a relatively new and unique phenomenon in the modern legal history. It was established at the same time as the European Union itself (by the Treaty on European Union of 1992). Since then the European citizenship has become subject of intense discussions between academic lawyers and political scientists as to its “nature” and ‘content”. Whether it is a real citizenship while the EU is not a State? Practically, what it means for the citizens (nationals) or the EU Member States who are automatically recognized nowadays as a “owners” of this citizenship (“Union citizens”)? In other words, what is the raison d’être of this legal construction? Basing on the new version of the EU constitutive Treaties (as amended by the Treaty of Lisbon of 2007, in force from the 1 December 2009) and on the EU Court of Justice case law, the article proposes a new concept of the European citizenship. On the one hand, the European citizenship is an attempt to strengthen direct political ties between the peoples of the EU and the EU itself as a public entity endowed with legislative and administrative powers. The Treaty of Lisbon especially reflects this in the new title II introduced into the Treaty on European Union (title II “Provisions on Democratic Principles”). On the other hand, the European citizenship initially was and still rests first and foremost the particular legal form (or mechanism) to liberalize to the greatest possible extent the relations between the EU Member States at the level of their civil society. This is proved by the list of the EU citizens’ rights enshrined in the EU Treaties and Charter of fundamental rights before and after the Treaty of Lisbon. The core right in the abovementioned list included into the second part “Non-discrimination and Citizenship of the Union” of the Treaty on the Functioning of the European Union (ex Treaty establishing the European Community of 1957 amended and renamed by the Lisbon Treaty of 2007) is the right to move and reside freely on the territory of all EU Member States. Furthermore, the migrant EU citizen (i.e. EU citizen residing in Member State of which he is not a national, for example a French citizen living in Germany) is authorized to exercise electoral rights in cross-border context such as a right to vote and stand as a candidate in elections to the European Parliament as well as municipal elections. Most other rights in the abovementioned list are also granted to other natural and legal persons residing or having their registered office in the EU (such as right to complain to European Ombudsman). Henceforth they cannot be considered as EU citizens’ rights in the proper sense of the term. The article also attracts attention to the fact that after entry into force of the Charter of fundamental rights of the European Union the number of economic freedoms proclaimed in 1957 as part of common market of former European Economic Community has acquired a new stature as fundamental rights in constitutional law sense (for example, free movement of workers or freedom of establishment for self-employed persons).

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Abstract: The citizenship of the European Union (also known as a “European citizenship”) is a relatively new and unique phenomenon in the modern legal history. It was established at the same time as the European Union itself (by the Treaty on European Union of 1992). Since then the European citizenship has become subject of intense discussions between academic lawyers and political scientists as to its “nature” and ‘content”. Whether it is a real citizenship while the EU is not a State? Practically, what it means for the citizens (nationals) or the EU Member States who are automatically recognized nowadays as a “owners” of this citizenship (“Union citizens”)? In other words, what is the raison d’être of this legal construction? Basing on the new version of the EU constitutive Treaties (as amended by the Treaty of Lisbon of 2007, in force from the 1 December 2009) and on the EU Court of Justice case law, the article proposes a new concept of the European citizenship. On the one hand, the European citizenship is an attempt to strengthen direct political ties between the peoples of the EU and the EU itself as a public entity endowed with legislative and administrative powers. The Treaty of Lisbon especially reflects this in the new title II introduced into the Treaty on European Union (title II “Provisions on Democratic Principles”). On the other hand, the European citizenship initially was and still rests first and foremost the particular legal form (or mechanism) to liberalize to the greatest possible extent the relations between the EU Member States at the level of their civil society. This is proved by the list of the EU citizens’ rights enshrined in the EU Treaties and Charter of fundamental rights before and after the Treaty of Lisbon. The core right in the abovementioned list included into the second part “Non-discrimination and Citizenship of the Union” of the Treaty on the Functioning of the European Union (ex Treaty establishing the European Community of 1957 amended and renamed by the Lisbon Treaty of 2007) is the right to move and reside freely on the territory of all EU Member States. Furthermore, the migrant EU citizen (i.e. EU citizen residing in Member State of which he is not a national, for example a French citizen living in Germany) is authorized to exercise electoral rights in cross-border context such as a right to vote and stand as a candidate in elections to the European Parliament as well as municipal elections. Most other rights in the abovementioned list are also granted to other natural and legal persons residing or having their registered office in the EU (such as right to complain to European Ombudsman). Henceforth they cannot be considered as EU citizens’ rights in the proper sense of the term. The article also attracts attention to the fact that after entry into force of the Charter of fundamental rights of the European Union the number of economic freedoms proclaimed in 1957 as part of common market of former European Economic Community has acquired a new stature as fundamental rights in constitutional law sense (for example, free movement of workers or freedom of establishment for self-employed persons).

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