Concept and legal foundations of Union citizenship
Die Union citizenship is a central legal institution of the European Union (EU) and was introduced by the Maastricht Treaty in 1992. It supplements the national citizenship of the Member States and establishes independent rights and obligations for citizens of the Union. The legal basis for Union citizenship is found in particular in Articles 18 to 25 of the Treaty on the Functioning of the European Union (TFEU) as well as Article 9 of the Treaty on European Union (TEU).
Origin and development of Union citizenship
Historical development
The concept of a common citizenship within the European integration process arose with the aim of strengthening the rights of citizens and promoting their participation in the European unification process. Union citizenship was initially established in basic terms by the Maastricht Treaty (1992) and further developed and refined by subsequent treaties – in particular the Amsterdam Treaty (1997), the Nice Treaty (2001), and the Lisbon Treaty (2009).
Primary legal basis
Article 20 TFEU stipulates:
“A citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Union citizenship shall be additional to and not replace national citizenship.”
Thus, Union citizenship is accessory, meaning it arises fundamentally and exclusively from the nationality of a Member State.
Rights and obligations arising from Union citizenship
Citizens of the Union enjoy a variety of specific rights granted to them either directly by the Treaties or by secondary legislation (directives, regulations).
Right of free movement and residence
Freedom of movement within the Union
The right of free movement is the core of Union citizenship (see Art. 21 TFEU). Citizens of the Union have the right to move and reside freely within the territory of the Member States. This right is subject to certain conditions and restrictions governed by the Free Movement Directive (Directive 2004/38/EC). The freedom of movement includes in particular:
- the right to enter another Member State,
- the right to reside for up to three months without further requirements,
- a right of residence beyond three months if certain conditions (e.g., employment, sufficient means of subsistence) are fulfilled,
- the right of permanent residence after five years of lawful residence.
Exceptions and restrictions
The rights of free movement and residence may be restricted to protect public order, security, or health. Such restrictions must be interpreted narrowly in accordance with Union law and are subject to the supervision of the Court of Justice of the European Union (CJEU).
Equal treatment and non-discrimination
According to Article 18 TFEU, citizens of the Union are, in principle, entitled to equal treatment with nationals of that Member State when in the territory of another Member State. In particular, discrimination on the grounds of nationality, for example in employment, education, social security, or taxation, is generally prohibited.
Political rights
Right to vote in the European Parliament
Under Article 22 TFEU, citizens of the Union have the right to vote and stand as candidates in elections to the European Parliament in the Member State where they reside, even if they do not have the nationality of that State.
Right to vote in local elections
Furthermore, they have the right to participate in and stand as candidates in local elections at their place of residence in the relevant Member State, regardless of nationality.
Diplomatic and consular protection
Citizens of the Union who are in a third country where their own Member State is not represented, have the right under Article 23 TFEU to diplomatic and consular protection by the representation of another Member State on the same conditions as nationals of that State.
Right of petition and complaint mechanisms
Citizens of the Union may, in accordance with Article 24 TFEU, submit petitions to the European Parliament and contact the European Ombudsman. In addition, they have the right to address the institutions and bodies of the Union in writing and to receive a reply in one of the official languages of the Union.
Acquisition and loss of Union citizenship
Acquisition of Union citizenship
Union citizenship can only be obtained by acquiring the nationality of a Member State. The conditions for this acquisition (e.g., by birth, naturalization, adoption) are determined exclusively by the respective national laws of the Member States.
Loss of Union citizenship
Union citizenship is lost upon the loss of the nationality of a Member State. However, Member States are bound by the principle of proportionality in this context (see CJEU, Case C-135/08 ‘Rottmann’). Arbitrary deprivation of nationality, and thus Union citizenship, is prohibited under EU law.
Significance of Union citizenship in European law
Case law of the Court of Justice of the European Union (CJEU)
The CJEU has attached increasing importance to Union citizenship in its case law. It has emphasized that Union citizenship is the “fundamental status of nationals of the Member States” (CJEU, Case C-184/99 ‘Grzelczyk’).
Relationship to nationality rights
Union citizenship does not replace national citizenship but rather supplements it. The legal status as a citizen of the Union is inseparably linked to the nationality of a Member State. Member States remain solely responsible for nationality law. In addition, rights and obligations arise directly from Union citizenship that Member States must observe within the framework of Union law.
Further developments and current challenges
There is ongoing discussion regarding possible further development of Union citizenship, for example through the extension of additional political rights or further alignment of the nationality rules of the Member States. Particular challenges arise in connection with the withdrawal of Member States from the EU (Brexit) and issues regarding the acquisition or loss of Union citizenship in special circumstances.
References and further information
- European Commission: Citizenship of the European Union
- Treaty on the Functioning of the European Union (TFEU), especially Articles 18-25 TFEU
- Grabitz/Hilf/Nettesheim, The Law of the European Union, Commentary on Arts. 20-25 TFEU
- Bohlmann/Beckmann, Union Citizenship, in: Calliess/Ruffert, TEU/TFEU Commentary
Note: This article provides a comprehensive, legally detailed overview of Union citizenship and its significance in the law of the European Union.
Frequently Asked Questions
What rights are associated with Union citizenship under Articles 20 and 21 TFEU?
According to Articles 20 and 21 of the Treaty on the Functioning of the European Union (TFEU), Union citizenship confers a variety of special rights that exist in addition to national citizenship. Key rights include the right to free movement and residence within the Member States, active and passive electoral rights in local and European elections in the state of residence, diplomatic and consular protection by other Member States abroad, the right to petition the European Parliament, and the right to contact the European Ombudsman. Additionally, there is the right to equal treatment in relation to nationals of other Member States, provided that no explicit exceptions are stipulated. These rights apply directly but may be specifically regulated and, if necessary, restricted by EU secondary legislation – in particular by Directive 2004/38/EC (Free Movement Directive). Any such restrictions must be proportionate and justified.
Who can invoke the rights of Union citizenship and how is Union citizenship acquired?
The rights of Union citizenship are open exclusively to natural persons who possess the nationality of a Member State of the European Union. Union citizenship is acquired directly and automatically upon acquiring the national citizenship of an EU Member State; there is no separate procedure for obtaining Union citizenship. Each Member State fundamentally determines acquisition and loss of nationality autonomously under its own national law, although the Court of Justice of the European Union has emphasized in several judgments that the exercise of this national competence must be in accordance with Union law and in particular may not lead to the arbitrary deprivation of Union legal status rights (see CJEU, Case C-135/08 ‘Rottmann’).
What is the significance of the non-discrimination principle for Union citizens?
The prohibition of discrimination is a central element of Union citizenship and derives both from Art. 18 TFEU and, more specifically, from other provisions of Union law. It ensures that citizens of the Union in another Member State may not, in principle, be treated less favorably than its own nationals, for example regarding access to employment, education, social benefits, or other areas of life. Exceptions apply, however, for certain benefits that must be strictly confined to the narrowly defined group of the state’s own nationals, as well as in cases of justified and proportionate differences on a case-by-case basis. The CJEU traditionally interprets the prohibition of discrimination broadly, thereby effectively protecting the equal treatment envisaged under EU law, with its practical application—particularly regarding access to social benefits and support—regularly subject to rulings by the Union courts.
To what extent can Union citizens exercise political rights in other Member States?
Union citizens have, under Article 22 TFEU, the right to vote and stand as candidates in local elections and elections to the European Parliament in their Member State of residence, provided they meet the relevant conditions such as minimum age and eligibility to vote. This right applies regardless of whether the state of residence requires its own nationality; what matters is habitual residence. Member States may not impose additional requirements that do not also apply to their own nationals, though they may lay down organizational requirements (e.g., registration on the electoral roll). The main restrictions are that at the national level, the distinction between nationals and non-nationals often remains as regards higher-level political rights, such as parliamentary elections or access to certain offices.
How can Union citizens take action in case of violations of their rights?
Union citizens who feel that their rights conferred by Union citizenship have been violated have several legal remedies available. On the one hand, they may turn to national courts or administrative authorities in the Member State that has infringed their rights. Due to the direct applicability of Union law, national courts must apply it and, if necessary, refer questions of interpretation to the Court of Justice of the European Union (preliminary ruling procedure, Article 267 TFEU). On the other hand, it is possible to address EU institutions directly—for example, by petitioning the European Parliament or the European Ombudsman. In cases of systematic discrimination or structural legal violations, infringement proceedings may also be brought by the EU Commission or other Member States.
Can rights of Union citizenship be restricted?
The rights linked to Union citizenship are not absolute and are subject to certain restrictions and reservations. For example, the right to free movement and residence may be restricted in the interest of public order, security, or health, but such measures must always be assessed individually and be proportionate (see Arts. 27 ff. of Directive 2004/38/EC). In the area of social rights as well, there may be objectively justified differentiations, for example, to prevent unreasonable claims to social benefits by non-working Union citizens. However, restrictions must always be in accordance with the principle of proportionality and may not undermine the core rights of Union citizenship. The CJEU regularly reviews measures taken by Member States for their compatibility with Union law.
