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