EU Law Notes – Citizenship
• Art 20 TFEU: citizenship of the EU is hereby established.Eevery person holding the
nationality of a MS shall be a citizen of the EU. Citizenship of the EU is additional to and
not replace national citizenship
• does not replace national citizenship
• Introduced in Treaty of Maastricht 1992
Gaining
• birth in MS
• gain nationality of MS (naturalise, or marry a national)
• being a citizen of a MS that joins the EU
Losing
• MS leaving the EU?
• renouncing MS nationality?
Rights of citizens
• 21 TFEU right to move and reside freely within the territory of the MS subject to limits
and conditions
• 22 TFEU political rights for municipal and European parliament elections in a MS other
than MS of nationality
• 23 TFEU right to diplomatic protection in third countries
• 24 TFEU (11 TEU) European citizens’ initiative- can ask commission to present legislative
proposals etc. within EU areas of competence (but complex rules on admissibility)
• 24 TEU right to access institutions
Sources of EU citizenship law
• treaties
◦ Art 9 TEU
◦ Art 20-24 TFEU
• citizenship directive (directive 2004/38)
• CJEU case law
When does EU citizenship law apply?
• personal element
• material element (cross-border situation resulting from the exercise of free movement)
Note post-2011 test for allowing internal situations: is there interference with the genuine
substance of European citizenship rights? (Ruiz Zambrano C-34/09)
Citizenship Directive
• right to residence
◦ residence <3 months - Art 6
• Art 20 TFEU: citizenship of the EU is hereby established.Eevery person holding the
nationality of a MS shall be a citizen of the EU. Citizenship of the EU is additional to and
not replace national citizenship
• does not replace national citizenship
• Introduced in Treaty of Maastricht 1992
Gaining
• birth in MS
• gain nationality of MS (naturalise, or marry a national)
• being a citizen of a MS that joins the EU
Losing
• MS leaving the EU?
• renouncing MS nationality?
Rights of citizens
• 21 TFEU right to move and reside freely within the territory of the MS subject to limits
and conditions
• 22 TFEU political rights for municipal and European parliament elections in a MS other
than MS of nationality
• 23 TFEU right to diplomatic protection in third countries
• 24 TFEU (11 TEU) European citizens’ initiative- can ask commission to present legislative
proposals etc. within EU areas of competence (but complex rules on admissibility)
• 24 TEU right to access institutions
Sources of EU citizenship law
• treaties
◦ Art 9 TEU
◦ Art 20-24 TFEU
• citizenship directive (directive 2004/38)
• CJEU case law
When does EU citizenship law apply?
• personal element
• material element (cross-border situation resulting from the exercise of free movement)
Note post-2011 test for allowing internal situations: is there interference with the genuine
substance of European citizenship rights? (Ruiz Zambrano C-34/09)
Citizenship Directive
• right to residence
◦ residence <3 months - Art 6
