Understanding EU Citizenship & Rights

• EU citizenship is established under Article 20 of the Treaty on the Functioning of the European Union (TFEU).
• Any person holding the nationality of a member state is considered a citizen of the EU.
• EU citizenship is additional to, and does not replace, national citizenship.
• The Treaty of Amsterdam in 1997 added the provision to avoid broad interpretation by the Court of Justice of the European Union (CJEU) and because the EU is not a federal state.

Rights

• Citizens of the EU have rights and duties as provided for in the treaties.
• The right to move and reside freely within the territory of the member states is included.
• The right to vote and stand as candidates in European Parliament and municipal elections in their member state of residence is included, under the same conditions as nationals of that state.
• The right to protection by diplomatic and consular authorities of any member state in a third country where their own member state is not represented is enshrined.
• The right to petition the European Parliament, apply to the European Ombudsman, and address the EU institutions in any of the treaty languages with a response in the same language is provided.

Limitations and Conditions

• Rights are exercised in accordance with the conditions and limits defined by the treaties and the measures adopted.
• Article 21(1) TFEU refers to regulations, directives, and national measures consistent with EU law.
• It also refers to specific rules setting out member states to limit the right to free movement in cases like national security, public order, or public health, art 45 TFEU.
• Secondary EU law, as per Article 288 TFEU, includes regulations and directives. Regulations are directly applicable, while directives require member states to choose the form and methods to achieve the result.
• The EU Citizenship Directive (2004/38) is relevant secondary EU law.

Voting Rights

• Article 22 TFEU grants EU citizens the right to vote and stand as candidates in municipal and European Parliament elections in the EU country where they reside, even if they are not nationals of that country.

Diplomatic and Consular Protection

• Article 23 TFEU details the right to protection by diplomatic or consular authorities of any member state in a third country where their own member state is not represented.
• Member States must adopt the necessary provisions and start international negotiations to secure protection.
• The Council may adopt directives establishing coordination and cooperation measures.

Ombudsman and Right of Initiative

• Article 24 TFEU grants the ‘right of initiative’.
• Article 11(2) TEU states that if not less than one million citizens who are nationals of a significant number of member states may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties.

Key Rights Overview

• Right to free movement, including residence for up to three months, longer-term residence, permanent residence, and equal treatment.

Residence Up to Three Months

• Article 6 of the Citizenship Directive outlines the right of residence for up to three months without conditions other than holding a valid ID or passport.
• This also applies to family members with a valid passport who are not nationals of a member state, accompanying or joining the EU citizen.

Residence Longer Than Three Months

• Article 7 of the Citizenship Directive specifies conditions for residence longer than three months.
• Being workers or self-employed persons in the host member state.
• Having sufficient resources and comprehensive sickness insurance to avoid becoming a burden on the social assistance system.
• Being enrolled in an accredited educational establishment with sufficient resources and sickness insurance.
• Being family members accompanying or joining a union citizen who meets the above conditions.
• Specific circumstances under which a Union citizen retains the status of worker or self-employed person are also outlined:.
• Temporary inability to work due to illness or accident.
• Duly recorded involuntary unemployment after more than one year of employment, registered as a job seeker.
• Duly recorded involuntary unemployment after a fixed-term contract of less than a year or during the first twelve months, registered as a jobseeker (status retained for at least six months).
• Embarking on vocational training related to previous employment (unless involuntarily unemployed).

Retention of Rights

• Article 14 of the Citizenship Directive states that EU citizens and their family members have the right of residence as long as they do not become an unreasonable burden on the social assistance system.
• Expulsion measures are prohibited against workers, self-employed persons, or those who entered the territory to seek employment, as long as they can prove they are continuing to seek employment and have a genuine chance of being engaged (Antonissen).

Permanent Residence

• Article 16 of the Citizenship Directive grants Union citizens who have resided legally for a continuous period of five years in the host member state the right of permanent residence.
• This right is not subject to the conditions provided for in Chapter III.
• The right also applies to family members who are not nationals of a member state and have legally resided with the Union citizens in the host member state for a continuous period of five years.
• Continuity of residence is not affected by temporary absences not exceeding six months a year, absences for military service, or one absence of up to twelve consecutive months for important reasons such as pregnancy, serious illness, study, or posting in another member state or a third country.
• The right of permanent residence is lost after an absence from the member state for a period exceeding two consecutive years.

Equal Treatment

• Article 24 of the Citizenship Directive ensures that all Union citizens residing on the basis of the directive enjoy equal treatment with the nationals of that member state within the scope of the treaty, subject to specific provisions in the treaty and secondary law.
• The benefit of this right extends to family members who are not nationals of a member state and who have the right of residence or permanent residence.
• Derogations include that the host member state is not obliged to confer entitlement to social assistance during the first three months of residence, the longer period provided for in article 14(4)(b), nor to grant maintenance aid for studies, before acquisition of the right of permanent residence, including vocational training, consisting in student grants or student loans to persons other than workers, self-employed persons, person who retain such status and members of their families.