Citizenship of the Union and immigration issues

The notion of citizenship (national citizenship) D. Chalmers : « legally enforceable rights, loyalty, a sense of belonging to the national community and participation in political decision making » R. Bellamy : equality between members of the society

EU citizenship ? Limited social & economic rights (require mobility) Limited participation to decision making Sense of belonging to a community, identity ? Equality

Definition Article 20 TFUE « Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. »

Rights of EU citizens Art. 20 TFUE: Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia: -the right to move and reside freely within the territory of the Member States; - the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State; -the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State; -the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.

Political rights Article 22 Every citizen of the Union residing in a Member State of which he is not a national shall have the right: -to vote and to stand as a candidate at municipal elections in the Member State in which he resides - to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides

Limits of political citizenship Actual participation to the EP election (low turn-out)? Low participation of migrants to local elections No participation to core national political decision making processes (national elections) Sense of belonging? Attachement to the place of residence?

Diplomatic protection Article 23: Right to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State.

Citizens’participation Article 24: - citizens’ initiative (see art. 11 TEU: 1 million citizens can invite the Commission to initiate legislation) - Right to petition the European Parliament - Right to apply to the Ombudsman - Right to write to any of the institutions in one of the official languages and have an answer in the same language.

Free movement / EU migrants’rights Article 21 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 the Treaties and by the measures adopted to give them effect

Questions about free movement rights / Immigration issues Under which conditions do EU citizens have a right to immigrate in another MS? What is the field of equal treatment? Socio-economic rights? Political rights? Right to family reunion? What about the rights of non EU citizens? Possible deportation? Conditions?