Citizenship of the European Union
EU citizenship was introduced by the Treaty of Maastrich in the part amending the Treaty on European Community, currently adequate regulations can be found in Articles 20-24 of the Treaty on the Functioning of the EU. Article 11(4) of the Treaty on European Union and Articles 39-46 of the Charter of Fundamental Rights. It should be stressed that this is a legal institution that is categorically different from the nationality of national citizenship. It is therefore not possible to speak of a dual nationality which we are dealing with when a given person is a citizen of two countries. The introduction of EU citizenship was justified by the need to create European awareness and full implementation of the principle of equal rights, the requirements of non-economic integration.
Constitutional features of EU citizenship
Nationality is ancillary to national citizenship, since acquiring the nationality of one of the Member States is a necessary and sufficient condition for acquiring it.
Citizenship does not replace or correct the rights provided by national citizenship, but complements them with additional rights and freedoms.
The status of an EU citizen is only a source of rights and declarations of freedom, not a source of new obligations.
EU citizenship status is reinforced by the Treaty prohibition of discrimination on grounds of nationality.
Articles 20 to 24 TFEU - these are partly situated under the heading of non-discrimination and citizenship. ( Articles 18-25 TFEU)
Freedoms and rights attaching to citizenship
Freedom to move and reside within the territory of the Member States - this restricts, but does not exclude, border controls that may be carried out by the Member States and in relation to EU citizens The provisions of Article 21 TFEU and 45 of the CFR are directly effective; the administrative provisions of the Member States may require certain obligations, e.g. a residence permit but do not have a constitutive dimension and cannot be made dependent on them for the freedoms and rights provided for by citizenship.
The right to vote for local and regional authorities at the basic level as defined by the place of permanent residence in Article 22 of the TOFUE. This applies to the right to vote and to stand for election to the basic level, while the national legislator may exclude or restrict the right to vote to :
a) executive bodies
b) local and regional authorities of more than a basic level.
The active right to vote for municipal councils cannot be deprived of an EU citizen who is permanently resident in the municipality concerned.
The active and passive right to vote in the European Parliament based on the criterion of residence, the national legislator may limit the active right to vote in the same way as for its own citizens, while the passive may be dependent on the criterion of domicile. A German citizen permanently residing in Poland for at least 5 years and having the same status as a Polish citizen (no criminal record, full strength) may stand for election to the European Parliament. Article 22 ToFUE.
The right to diplomatic and consular protection on the territory of countries 3 if two conditions are met.
a) no post of the state of citizenship
(b) an urgent need
Article 23 ToFUE
The right to petition the European Parliament on matters falling within the competence of the Union. Petitions are of a critical and postulative nature, and the rules governing their submission are laid down in Parliament's Rules of Procedure.
The right to address complaints to the European Parliament's Ombudsman, however, the subject of these rights may be the activities of EU institutions and agencies. The Ombudsman does not have powers.
The right to good administration of Article 41 of the CFR - and the code of good administration of the Union. It concerns relations with the institutions and agencies of the Union and this provision and this code may be directly applicable. The Code of Good Administrative Behaviour was adopted by the European Parliament in the form of a resolution, but it is practically applied as if it were a binding law. Article 41 of the Code of Good Administrative Behaviour is directly related to
The right of citizens' initiative at EU level, Article 11 of the EU Treaty and Article 24(1) of the Treaty on European Union. It is vested in 1 million citizens from at least four Member States under the terms of a council and parliament regulation. In Poland, this issue is specified in the Act of 2014.04 on the European Citizens' Initiative.
Zdjęcie - https://pixabay.com/en/justice-statue-lady-justice-2060093/
Źródło - Instytucje i prawo Unii Europejskiej - Jan Barcz
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