Chapter 2. Europe and Statelessness
noted here. Shortly after the fall of the Iron Curtain, the Treaty of Maastricht (1992)
established the EU and introduced the notion of EU citizenship – a notion that was seen
as potentially enhancing European identity.443
“The Maastricht Treaty first introduced the legal concept of EU citizenship as part of the move
from a mainly economic community to a political union. In addition to providing a stronger
Treaty basis for the rights of movement, residence and equal treatment of EU nationals, and
gathering existing entitlements together under the umbrella of citizenship, Articles 20–25
[of the Treaty on the Functioning of the EU] created a number of new political and electoral
rights.”444
With the notion of EU citizenship, a new form of citizenship was introduced for
every person holding the nationality of one of the EU member states: giving citizens
of EU states a political role in the EU and complementing national citizenship but not
replacing it.445 Nationality matters of the member states remain – today still – within
the exclusive competences of the member states. With the Treaty of Amsterdam of
1997, the policy regarding asylum and migration was incorporated in the community
pillar of the EU, giving the EU extensive powers in this domain. In paragraph 4.2,
the content of and developments, including case law of the Court of Justice of the EU
(CJEU), in these respective areas of EU law – regarding asylum and migration and
regarding EU citizenship – is explored further. Statelessness, as a concept relevant to
EU law, was only introduced in the Treaty of Lisbon: stateless people are to be treated
as third-country nationals.446 In the context of the EU, states thus start working
together more intensively on a broader range of issues: the cooperation is now of a more
political nature and geared towards inclusion, and covers the respect for fundamental
rights447 and reserves a specific status for EU citizens. Over time, the EU expanded,
with many (new) Eastern European states joining in 2004, 2007 and 2013, culminating
in a (supranational) EU with 28 member states – 27 after the UK left, which is also
considered further below.
From this, the conclusion can be drawn that the period after the end of the Cold
War resulted in a number of interesting developments in view of nationality matters,
with specific instruments being adopted in the context of the CoE, and new steps being
taken in the context of the EU – in particular through the introduction of citizenship
443
444
445
446
447
Patricia Mindus, European Citizenship after Brexit. Freedom of Movement and Rights of Residence
(Palgrave Studies in European Union Politics, Palgrave Macmillan 2017) 8.
Paul Craig & Gráinne de Búrca, EU Law. Text, Cases and Materials (5th edn, Oxford University Press
2011) 819.
Art 20(1) of the Treaty on the Functioning of the European Union and Art 9 of the Treaty on
European Union (Consolidated versions of the Treaty on European Union (TEU) and the Treaty on
the Functioning of the European Union (TFEU) [2016] OJ C202/1).
Currently Art 67(2) TFEU – stateless people are to be treated as third-country nationals for the
purpose of Title V on the Area of Freedom, Security and Justice.
As is evidenced by the adoption of the Charter of Fundamental Rights of the European Union [2016]
OJ C202/389 in 2000, which became legally binding with the entry into force of the Lisbon Treaty in
2009.
Intersentia
81
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents