Statelessness in the European Union
must be achieved in order to reform EU citizenship to achieve the hypothesised
benefits. Because the treaties currently do not provide for either, several
substantive changes to the current provisions of EU law are required.
This particularly holds true for both the founding treaties as well as relevant
secondary legislation, such as the Free Movement Directive and the EU Charter,
as these currently condition the acquisition of EU citizenship upon the possession
of Member State nationality. The Treaties themselves provide for both simplified
and ordinary revision procedures, although the former only provides for limited
changes based on the nature of the change and are therefore unlikely to provide a
basis for treaty revision for EU citizenship. 94 Yet, under the ordinary revision
procedure, any amendments regarding the material content of the treaties may be
proposed by the European Parliament, Commission or any of the Member States. 95
This includes proposals for expanding the scope of EU citizenship as well as the
competences of the EU. Acting on a simple majority, the European Council
determines whether or not to set the procedure into motion, and will convene a
convention consisting of Member State representatives and Commission
members, which will decide the fate of the proposed revision by consensus. 96
While there appears to be an opportunity for the EU to amend the treaties so as to
allow for the grant of EU citizenship to stateless persons, an obstacle presents itself
in the extensive involvement of the Member States. Because EU interference in
affairs of nationality and citizenship has previously sparked controversy among
the Member States, reaching the consensus required for revision remains
improbable. 97
Considering the previous analysis, it appears that the legal modifications
required for the EU to grant EU citizenship to stateless persons would call for
significant political will and a creative and a flexible approach; something that
may be difficult to achieve in the near future. However, these current obstacles to
the implementation of the hypothesised measure should not, and do not,
undermine the potential of EU citizenship to mitigate the impact of statelessness
as well as fostering European integration and greater inclusion.
CONCLUSION
It is noted in the preamble to the EU Charter that, with the establishment of the
institution of EU citizenship, the EU placed the individual at the heart of its
activities. Indeed, in devising a framework of rights that transcends national
boundaries, detached from economic objectives, a certain class of individuals
came to occupy a privileged position within the EU: those in possession of the
nationality of one of the Member States. In conditioning the grant of EU
citizenship upon the possession of such nationality, this extraordinary framework
of rights has acquired an exclusionary nature. The roughly half a million stateless
individuals — who are unable to derive rights from any form of national or other
citizenship — residing in the Member States of the EU, are unable to benefit from
all that this institution has to offer. And yet, the value of EU citizenship may be
94
95
96
97
Bradley (n 81).
TEU (n 48) arts 48(2)–(5).
Bradley (n 81).
Mark Dawson, ‘The Political Face of Judicial Activism: Europe’s Law-Politics Imbalance’ in
Mark Dawson, Bruno de Witte and Elise Muir (eds), Judicial Activism at the European Court
of Justice (Edward Elgar 2013).
41