Class 8: group discussion on european citizenship, constitutions and cultures

EU citizenship rights

the rights are what follows from EU law and the charter of fundamental rights. It correlates with options and political visions.

Citizen rights at member state level

the rights are what follows from national law and can vary across member states. The rights are correlated with more demanding obligations (like paying taxes)

EU level and MS level are different kinds of rights

Obligations more substantial at MS level = need to raise taxes. EU level is less about hard rights and duties of citizens to sustain the political achietecture, the EU level creates much more options for the EU citizens. At EU level, the rights of citizens and what’s on the other side of the equation in terms of contribution is a very delicate equilibrium (like european students getting SU and then leaving). This comes up for debate due to the process of european integration; what sets of rights corresponds to what kind of obligations

Non-reversed discrimination

In member state x, an individual that has local citizenship has rights from that national framework. But has also eu-citizenship, hence the right to move freely. National rights in different MS can vary. The whole idea is that one can move freely but one only retains full access to one’s national rights at home. So if you move to another MS, you will have the same rights as citizens of that MS. Can’t be discriminated against for non being a ”natural” citizen

Reverse discrimination

Reverse discrimination in the EU citizenship context refers to a situation where a member state's own nationals are treated less favorably than citizens of other EU member states in an equivalent situation, because EU law does notapply to purely internal situations. Why does it happen? EU free movement and EU citizenship rights only apply when there is a cross-border element. So: EU citizens who have exercised free movement (e.g., a French citizen living in Belgium) can rely on EU law protections such as family reunification rights. Nationals who have not moved (e.g., a Belgian citizen living in Belgium) are in a purely internal situation, meaning EU law doesn’t apply. They only have rights under national law, which may be stricter. This can produce harsher treatment for a state's own citizens than for other EU citizens. Member State nationals who had not made use of the right of free movement and were thus in a “purely internal situation” could not rely on Community law to obtain a right of residence for their family members.

Do you need to have the emotional aspect of citizenship, or can you enjoy only the practical aspects of citizenship?

They’re intertwined, but they play different roles. They don’t necessarily have to go together, as you can make use of a legal right without feeling any connection to it; but almost always they go together. Example: right to strike gets connected with the expression of free speech and with the identity of the nation. By and large you can say what you think freely, people may not like you, but you have a legal right to express it, you have a constitutional right to private communication.

Start of idea of european citizenship

the key rights of EU citizenship—primarily the right to live and the right to work anywhere within the territory of the Member States—can be traced back to the free movement provisions contained in the Treaty of Paris establishing the European Coal and Steel Community, which entered into force in 1952