Yesterday,
the post introduced the four fundamental freedoms that have to do with the
European Union. This is key in the case of Northern Ireland since after Brexit,
the United Kingdom (and therefore, Northern Ireland) will leave behind this
legal structure. In the context of the four fundamental freedoms, the post
referred in particular to free movement of persons and European Union
citizenship. Today’s post introduces European Union treaty law relevant to
citizenship.
In fact, citizenship provisions included in the treaty
do not add any anything substantive to Community rights already existing in
European Union law. The European Court of Justice has attempted to “add” to
citizenship rights. It has failed to be more generous in the interpretation of
art. 21 TFEU and an independent right of free movement. However, the European
Court of Justice has been progressive in creating wide right to equality for
Union citizens under art. 18 TFEU (principle of non-discriminatioin).
Citizenship
Provisions Included in European Union Treaty Law
Art. 21 (1) TFEU:
“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.”
Art. 22 TFEU:
confers right to vote and stand for municipal elections and elections to
European Parliament under same conditions as nationals of Member State. Only
exercisable when Union citizen exercises right to free movement in another Member
State. European Union citizenship is only significant if results in non-nationals
participating actively and exercising rights in art. 22 TFEU.
The
right to vote in municipal elections and elections to European Parliament in
own Member State is conferred by national law.
Art. 23 TFEU: confers
entitlement to protection by diplomatic or consular authorities of any Member
State, on same conditions of nationals of Member State, in territory of third
country in which Member State of which European Union citizen is national is
not represented.
Assistance
offered in cases of death, serious accident, illness, arrest, detention or
where victim subject to violent crime. Includes relief and repatriation of
“distressed citizens” of Union. The right to diplomatic protection not general
one. European Union citizens are not entitled to protection of all Member
States in any third country. They have only protection where their own Member
State is not represented.
Art. 24 TFEU:
confers right to petition European Parliament and to submit complaints to
Ombudsman.
The
right to petition Parliament is not new within Union framework. In fact, the
right to petition Parliament and complain to the Ombudsman is not exclusively
attached to the condition of European Union citizenship, but rather a general
right, including third country nationals.
From
the above brief account, it is clear European Union law does not grant but
simply acknowledges the aforementioned rights. In fact, even the acknowledgment
is limited in practical terms. The post tomorrow will introduce the views of
the European Court of Justice on citizenship.
Jorge
Emilio Núñez
03rd July 2018
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