Statelessness & Citizenship Review 2020 2(1) a residence permit on the day the child is born. 45 These requirements cannot always be fulfilled and are capable of preventing children from acquiring nationality, even though they would otherwise be left stateless. Although there is a great degree of variation across the Member State in terms of adequacy of such safeguards, examples such as these demonstrate that protection and prevention mechanisms available within the EU are far from perfect. 46 B EU Citizenship: Scope and Nature Having discussed the various manifestations of statelessness in the EU, this Part sets out the nature and scope of EU citizenship and its associated rights. This is necessary in order to generate an understanding of how these rights may mitigate the challenges faced by stateless persons. EU citizenship was introduced by the 1993 Treaty on European Union (‘Maastricht Treaty’), 47 and appeared to be the cumulative result of a gradual development away from economic integration towards a more ‘people-centred’ EU. Although economic integration had been at the heart of the EU from the moment of its creation, it was no longer considered to be the final objective. This is evident also from the founding treaties in which, inter alia, respect for human dignity, equality and respect for the human rights of all are presently characterised as the foundational values that the EU embodies. 48 In light of this, the notion that a genuine European identity was to be created, premised on the values of human rights and equality, gained traction. It was for the purpose of creating such a common identity, therefore, that EU citizenship emerged. 49 Having been subjected to numerous revisions over the years, the right to EU citizenship is now firmly established in the founding treaties: Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. 50 The status, currently available only to those holding Member State nationality, is accompanied by a set of rights which are additional to the rights deriving from national citizenship. These are laid down in art 20(2) of the Treaty on the Functioning of the European Union (‘TFEU’), and their substance is further set out in arts 21–24 TFEU as well as ch V of the Charter of Fundamental Rights of 45 46 47 48 49 50 Act on Citizenship of the Czech Republic and on the Amendment of Selected Other Laws (Czech Republic) Act No 186/2013 of 2013, s 5. This was confirmed by, eg, Gyulai (n 4); Bianchini (n 4). See also Laura van Waas, ‘Statelessness: A 21st Century Challenge for Europe’ (2009) 20(2) Security and Human Rights 133. Treaty on European Union, opened for signature 7 February 1992 [1992] OJ C 224, 1 (entered into force 1 November 1993) (‘Maastricht Treaty’). Consolidated Version of the Treaty on European Union, opened for signature 13 December 2007 [2012] OJ C326/13 (entered into force 1 January 2009) art 2 (‘TEU’). See also Gerhard van der Schyff, ‘EU Member State Constitutional Identity: A Comparison of Germany and the Netherlands as Polar Opposites’ (2016) 76 ZaöRV 167; Oliver Mader, ‘Enforcement of EU Values as a Political Endeavour: Constitutional Pluralism and Value Homogeneity in Times of Persistent Challenges to the Rule of Law’ (2019) 11(1) Hague Journal on the Rule of Law 133. Patricia Mundus, European Citizenship after Brexit: Freedom of Movement and Rights of Residence (Palgrave MacMillan 2017) ch 2. See also Willem Maas, ‘European Union Citizenship in Retrospect and Prospect’ in Engin Isin and Peter Nyers (eds), Routledge Handbook of Global Citizenship Studies (Routledge 2014). TFEU (n 6) art 20. It is furthermore confirmed in TEU (n 48) art 9. 32

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