European citizenship

in A.A.V.V. "L'immigrazione e la mobilità delle persone nel diritto dell'Unione europea" Monduzzi ed., Milano, 2012 Isbn 978-88-6521-059-8 SOMMARIO: 1. La libertà di circolazione delle persone: da libertà economica a diritto fondamentale-2. La direttiva 2004/38/CE.-3. Il diritto di ingresso e di uscita del cittadino dell'Unione dagli Stati membri.-4. Il diritto di soggiorno di breve durata. -5. Segue: per un periodo superiore a tre mesi.-6. Segue: il diritto di soggiorno permanente.-7. I beneficiari del diritto di mobilità "derivato": i familiari del cittadino dell'Unione.-8. Segue: il diritto di ingresso.-9. Segue: il diritto di soggiorno.-10. Le restrizioni al diritto di mobilità.-11. Garanzie procedurali all'applicazione delle restrizioni.-12. Recenti sviluppi giurisprudenziali sulla rilevanza della cittadinanza "statica" e la clausola del godimento effettivo dei diritti essenziali derivanti dalla cittadinanza europea. 11 V. il Decreto legislativo del 28 febbraio 2008, n. 32, Modifiche e integrazioni al decreto legislativo 6 febbraio 2007, n. 30, recante attuazione della direttiva 2004/38/CE relativa al diritto dei cittadini dell'Unione e loro familiari di circolare e di soggiornare liberamente nel territorio degli Stati membri; il Decreto-legge del 23 giugno 2011, n. 89, recante Disposizioni urgenti per il completamento dell'attuazione della direttiva 2004/38/CE sulla libera circolazione dei cittadini comunitari e per il recepimento della direttiva 2008/115/CE sul rimpatrio dei cittadini di Paesi terzi irregolari, e la Legge del 2 agosto 2011, n. 129, Conversione in legge, con modificazioni, del decreto-legge 23 giugno 2011, n. 89, recante disposizioni urgenti per il completamento dell'attuazione della direttiva 2004/38/CE sulla libera circolazione dei cittadini comunitari e per il recepimento della direttiva 2008/115/CE sul rimpatrio dei cittadini di Paesi terzi irregolari. 12 Cfr. la sentenza del 25 luglio 2008, causa C-127/08, Metock e al. c. Minister for Justice, Equality and Law Reform, punti 82 e 59. 42 V. Circolare del 25 febbraio 2008 n. 4602 dell'INPS.

In this thesis, our aim will be to explore the grey zone that exists between legal and political studies of EU citizenship. We will try to determine what has been until now the concrete impact of legal developments on the political nature of Union citizenship, and we will replace these findings in a broader political framework to envision the potential role that citizenship could play as an instrument of the EU politicisation. Our approach is a profoundly pragmatic one, which proceeds from the assumption that we need to know precisely what citizenship is before envisaging what it could be. In this respect, our aim is to build a small bridge between legal and political thinking by analysing the link that exists between legal developments of EU citizenship and their constitutional implications on the development of a political European Union. How can we analyse the imbalance that exists between legal developments and political discourses on EU citizenship? What does this gap between legal reality and political perceptions of Union citizenship reveal about the EU politicisation challenge? The imbalance between frequent invocations of EU citizenship as an ambitious status of rights by the Court of Justice and less effective calls for the emergence of a political Status in political and institutional debates is the result of an overall lack of definition of ‘what Europe do we want’. If the law in itself cannot create a political reality, it can however create a praxis which would ultimately lead to the emergence of new political representations. Union citizenship should not be considered as an objective as such of European integration, but it should be acknowledged as a dynamic concept which can contribute to the creation of a new European political culture corresponding to the sui generis nature of the EU.

Die Diskussion um das Demokratiedefizit der EU läßt sich auf zwei Alternativen zuspitzen: Man definiert entweder das Problem weg, indem man mit Fritz W. Scharpf behauptet, die eigenständige Legitimität von Verhandlungssystemen substituiere "in normativ zureichender Weise" die mangelnde demokratische Legitimation transnationaler Politik. Oder
man versucht, die aktuelle Staatsvertragslogik der EU durch eine Verfassungslogik zu ersetzen, indem ein Prozeß einer "demokratischen Selbstverfassung Europas" postuliert wird. In der vorliegenden Arbeit möchte ich allerdings diese politiktheoretische Debatte nicht nachzeichnen. Mir geht es vielmehr darum, empirisch die These eines möglichen Selbstverfassungsprozesses hinsichtlich ihres Potentials zu überprüfen.

The cornerstone of the nationality law of Ireland is the Irish Nationality and Citizenship Acts 1956 to 2004. It was enacted by the Oireachtas  to replace the similarly named 1935 Act which had been adopted prior to the ratification of the present Irish Constitution. The Act has been amended several times – notably in 1986, 1994, 2001, and 2004 – with each series of amendments reflecting the changing historical, social, and political circumstances present on the island of Ireland.

More importantly, as Ireland is a Member State of the European Union, the provisions of the 1956 Act have not been immune to the developments at the Court of Justice of the EU. With the introduction of the concept of Union citizenship by the Treaty of Maastricht in 1993,  the manner in which the Irish state has enforced these provisions have had to be considered in the light of this concept – famously regarded by the Court of Justice as the ‘fundamental status of the nationals of the Member States’. 
The influence of CJEU jurisprudence has been evident in Ireland, however, not merely because of the country’s status as an EU Member State but also because of the unique nature of Irish nationality law. This can be attributed to the complex historical relationship that Ireland has with its neighbour and former coloniser, the United Kingdom, and the unique circumstances on the island itself, namely its partition into two jurisdictions.

This paper thus aims to analyse the impact of the recent case law of the Court of Justice on Irish nationality law. The first section concerns the acquisition of Irish citizenship through the ius sanguinis principle, naturalisation, and the ius soli principle, with a focus on the impact of the Chen case on the post-Good Friday Agreement constitutional entitlement to ius soli citizenship of every person born in the island of Ireland. The second section concerns the loss of Irish citizenship through renunciation, the non-effect of the loss of citizenship by a parent on his or her children, the loss of citizenship through the revocation of naturalisation, the impact of the proportionality principle introduced in the Rottmann and Tjebbes cases, and the unresolved issue of statelessness in Irish nationality law.

CONTENTS: 1. Introduction. – 2. A glimpse of international law. – 3. A right to live together with parents (sometimes a right to live together in their country of residence) in the framework of the European Convention on Human Rights. – 4. Protection obtained from parents’ market freedoms and their right to family life in EU Law. – 5. The importance for the child to be an EU citizen. – 6. Disregarding family unity? – 7.
Concluding remarks.

The education and the experiential learning as a tool for European citizenship and democratic values awareness. The T4EU Simulation Project. Tzagkarakis St. – I, – Kritas D. (2020), Learning for Democracy: Experiential learning of EU as a tool for European citizenship and democratic values awareness, International e-Conference: «Promoting European values in the time of social distancing» it has been organized in according «The Erasmus+ KA3 “Teachers4Europe: Setting up an Agora for Democratic Culture (2018-2021) Program» project, 6-7 June 2020

This essay proposes that the emergence and failure of the debate on the EU constitutional reform depends, amongst other things, on the rise of what it calls ‘publicity’ as public policy and governance function: the public management of communication aimed at creating public sphere, improving political communication, participation and trust, building consensus and legitimacy for a governance agency. Publicity originally emerged from the domain of public relations in corporate governance and bears some similarity with commercial marketing and political propaganda. By analysing the constitutional process, this essay provides a short genealogy of publicity within European governance: from publicity concerning specific institutions and epistemic communities, namely the courts and the jurists, to its gradual extension to the general public. Finally, the essay addresses the normative question, ‘What is to be done?’. What can we learn from the failure of the constitutional debate? Should Europe remain a matter of technicians and lobbyists, or should it strive toward becoming a democratic polity? In the latter case, how should Europe improve the quantity and quality of political communication within its public sphere?

European citizenship establishes a precedent whereby the exercise and
protection of rights - the practice of citizenship - is no longer contingent
on residency within the jurisdiction of national citizenship. Free
movement rights have allowed European citizens to cross borders and
participate more nearly as political and legal equals within the host
society. At the same time, however, European citizenship has largely
failed to account for the past or future migration of third-country
nationals (TCNs) - those who are not citizens of any Member State - into
or within the European Union. As a result, the creation of European
citizenship has arguably had the unfortunate side effect of further
distinguishing and excluding TCNs from the emerging European society.
This Note argues that the current legal status of TCNs hinders successful diversity management by individual Member States, undermines European integration, and deprives TCNs of fundamental rights. The Note proposes that European citizenship should be expanded to allow TCNs to acquire European citizenship without the simultaneous acquisition of national citizenship in any Member State. European Union
authority over the citizenship status of TCNs would benefit the project of
migrant integration into local, national, and transnational societies and
help further the democratization of European governance. In addition, a
redefined European citizenship could trigger a fundamental rethinking of
national citizenship, potentially undermine the destructive influence of
the extreme right, and, perhaps, lead to a more complete decoupling of the political and legal content of citizenship from the idea of nation.

The paper explores the right of non-discrimination on the ground of sexual orientation from the perspective of the European Union. In the first part, it analyses how Member States address the issue and EU citizen’s perception on the topic. Then, using a ECJ case law, the paper analyses EU legislation and how it interacts with national systems, highlighting the means by which EU citizens can act in order to see their rights respected. The paper also explores the gaps present in EU legislation and how these gaps could affect the fruition of the rights bound to EU citizenship. The paper concludes that despite the presence of important gaps and limitations deriving from the Treaties, the European Union’s institutions, and in particular, the European Court of Justice play a fundamental role in the expansion and the respect of these rights.

RÉSUMÉ L'essai développe une réflexion sur l'actualité de l'étude comparative du droit, envisagée du point de vue de l'intégration juridique européenne et visant à la formation d'un juriste et d'un droit européen, ce qui est aujourd'hui l'une des tâches principales de cette étude. Cela exige un changement d'approche méthodologique, qui trouve dans la citoyenneté de l'Union, national et européen en même temps, en tant que nouvelle forme paradigmatique de citoyenneté, liée à l'universalisme des valeurs et des droits fondamentaux, ravivant la centralité du sujet-personne dans la dimension d'une pluralité de contextes normatifs, qui implique une citoyenneté multiple et différenciée. Il se pose donc un nouveau ordre juridique européen comme modèle d'intégration et de cohésion qui est légitime et prend forme sur le plan et dans la mesure de l'attribution de droits (et de devoirs) enracinées pas de plus dans la seule appartenance à un État-nation, mais visant, au contraire, à faire obstacle à leur clôture dans la seule sphère de la souveraineté de l'État, afin de les ouvrir à la dimension supranationale d'un contexte de partage de valeurs et de principes, dont ces droits (et les devoirs s'y rapportant) sont l'expression, en tant qu'espace de citoyenneté commune. Il s'agit de l'espace européen de liberté, de sécurité et de justice, qui tend à réaliser les conditions d'une pleine subjectivité juridique pour les citoyens des États membres, sans distinction de nationalité, mais aussi à établir des conditions d'accueil et de garanties pour les ressortissants de pays tiers (notamment les migrants et les réfugiés, y inclus les apatrides). Une dernière remarque est, par conséquent, sur un nouveau type de juriste, plus conscient de son «être européen», capable d'être un pont pour la communication et l'ouverture de son ordre juridique national (domestique) avec les ordres juridiques des autres États membres et même avec l'ordre juridique de l'Union, moyennant le développement d'un nouveau « ius commune » européen ayant des bases comparatives.

Citizens' perception of the presence of international institutions in Brussels remains understudied. Our study contributes to filling this gap through a survey conducted with a representative sample of Brussels residents in September 2021. The objective is to analyse the representations and practices of the local population with respect to international institutions. Our data show that there is a positive assessment of their contributions to the economy, employment, public goods, identity and culture. These benefits are nevertheless accompanied by perceived disadvantages as regards terrorist risks, integration of immigration deemed excessive and alienation in terms of identity. In conclusion, the world of international institutions seems to coexist and interact with that of ordinary Brussels residents in a relationship of acceptance marked by distance and indifference.

Although EU Law provides that Member States have to organise European elections at universal direct suffrage, there is no explicit provision in EU law granting Union citizens the right to vote and to stand as a candidate for these elections. This right was discovered only recently by the CJEU. It has a broad scope of application vis-à-vis Member States, since it is applicable to national electoral legislation, including in purely internal situations. All this combined has the potential of blurring the distribution of powers between the European Union and the Member States in the field of election law, potentially allowing EU institutions in general, and the Court of Justice in particular, to assess the compatibility of national elections with democratic standards.

Developing Europe means, first of all, creating a pervasive feeling of European citizenship, and creating a sense of belonging to a community in all countries of the European Union. This paper focuses on extracting Italian students' socio-psychological dimension with respect to their perception and feelings regarding European citizenship, and their knowledge of the most relevant rights. The study involves Italian students aged between 18 and 25. A hybrid methodology has been adopted, combining: data extracted from a questionnaire; text from the photo-stories; images of the photo-stories and interviews. The results underline that young people have a sense of belonging to the European community, with the same rights and benefits. Moreover, there is the need to have the same feeling of European citizenship everywhere in Europe. The request for a stronger and more active citizens' involvement also emerged from the study.

In the light of the enactment approach adopted across this volume, what does it mean to assert that the European Union (EU) is democratic, or is insufficiently democratic?

As we have seen in other chapters, analysing European citizenship as enacted opens up ideas of citizenship as something asserted as well as possessed.  In this chapter I aim to show that it also opens up (in a way that current debates on EU democracy largely fail to do) the question of which conceptions of democracy are invoked, or at stake, in the relevant wider debates.  Studying citizenship as enactment rather than arrangement (as set out in Chapter 1) further prompts us to think of democracy as enacted in different ways.  Doing this work involves attending not only to conceptions of democracy within political theory or comparative political institutions, but also exposing such conceptions to more sociological, anthropological and constructivist influences.  I hope to show the fruitfulness of drawing upon a rich disciplinary base while at the same time subjecting its assumptions to unaccustomed forms of cross-disciplinary scrutiny.

The focus of this chapter is primarily on the fifth of the major themes set out in Chapter 1 – European citizenship and democracy.  But it will also deal with other key themes.  In particular, questions of democracy in Europe today and in recent years tend to be focused on the structures and processes of the European Union.  That is a large and important topic, for EU leaders and commentators alike, and I hope to contribute something to that debate. But I also deploy aspects of other key themes, especially those of Europe as an abstract idea (which version of ‘Europe’ is invoked?), and Europe as an institutional assemblage irreducible to the EU. 

More specifically, the chapter suggests that the enactment perspective casts new light on the character, strengths and limits of key Commission-led discourses and initiatives.  The character of the European Citizens Initiative (ECI), a product of the Lisbon Treaty, is examined in the light of the conceptions of democracy, participation and citizenship that have framed it. I go on to examine the idea of the EU’s ‘democratic deficit’ – what different critics think it is, how much it matters, and what (if anything) might be done about it – in the light of the ECI in particular.  I argue that these debates, despite their breadth and richness, trade on a limited conception of (European) democracy, which I refer to as a ‘polity activating’ conception. 

The enacting perspective prompts concerns with a different conception of democracy, which I call ‘polity constituting’.  Here, different notions of what it means to act as a citizen, to assert claims and rights in and of Europe, and to invoke democratic norms, come into play.  I also explore links with new conceptions of political representation which see it as a dynamic practice of claiming rather than solely as a formal product of election.

The article addresses significant aspects of the constitution of the European Union's social basis from the broader perspective of a European space under construction. The specific point of view regards the process of Europeanization through enlargement to the post-socialist Eastern and South Eu-ropean countries, and conditionality as its main instrument. In the light of the five-year moratorium proposed by the Juncker Commission in 2015, the process is examined particularly from its margins by considering the case of Bosnia and Herzegovina (BiH), i.e. the last country in the 'Western Balkans', together with Kosovo, that is not yet a candidate for EU membership. The analysis aims to shed light on two different and conflictual forms of agency: first, the institution building process through accession procedures ; second, social dissent patterns and citizens' mobilization in Bosnia and Herzegovina. The purpose is to analyze if and how these diverse agencies cross borders and soften boundaries to constitute an emerging European society. A constant methodological concern of this study is if and how an ethnogra-phy of the process may contribute to the analysis of European integration in its complex, non-linear and often contradictory nature (Kauppi 2013).

This essay discusses the dubious premises of ‘repressive liberalism’ underlying the policies of cultural ‘integration’ that have been adopted by a number of otherwise liberal democracies around the world. The author uses his own first-hand experience of naturalisation in the Kingdom of the Netherlands, the pioneering jurisdiction with regards to the introduction of ‘cultural integration’, in order to expose the counterproductive nature of the ‘integration’ approach to the absorption of non-citizens. The essay claims that there is no such thing as a ‘nation-specific’ culture to be tested and that the creation and consolidation of EU citizenship changed the whole framework of reference within which any Member State nationality operates and should be discussed. The argument is that, particularly in the EU context, culture and language testing before naturalisation is built on false assumptions and does not serve any identifiable goal that would go beyond the perpetuation of prejudice. Since testing stigmatises a large number of Europeans and potentially undermines social cohesion in the Member States, it should be abolished.

This study explores the intercultural transfer that takes place during the process of translating children's literature from English into Arabic. It's main purpose is to investigate how culture-specific items or expressions are dealt with when they are rendered into Arabic and find out the most preferable translation strategies that can be applied in an attempt to make the translated versions acceptable and accessible to the target audience. This study draws its data from three English novels that belong to the famous series of Narnia Chronicles which are translated into Arabic. It also states the effects of following domestication or foreignization translation strategies. It is found that there is no consistency in the used translation strategies despite the fact that the three books are translated by the same translator. The study also shows that a compromise which includes the use of domestication and foreignization translation strategies seems to be the ideal solution.

There is a significant perspective on European citizenship that has been relatively neglected in the wider scholarly literature on the topic, namely acts and the enactment of European citizenship. Defined as an act intended to clarify or modify European citizenship status, or which embodies claims to rights, consideration or recognition, acts of European citizenship, it is argued, occur under two different dynamics: extension and assertion. Acts under the dynamic of extension are most often acts by formal and public institutions, such as the European Court of Justice. Acts under the dynamic of assertion are likely to be more diffuse in location and visibility and uncertain in their goals and impacts. Understanding such acts-and the links between acts under the two dynamics-has the potential to expand and deepen productively research agendas in the future study of European citizenship.

Developing Europe means, first of all, creating a pervasive feeling of European citizenship, and creating a sense of belonging to a community in all countries of the European Union. This paper focuses on extracting Italian students’ socio-psychological dimension with respect to their perception and feelings regarding European citizenship, and their knowledge of the most relevant rights. The study involves Italian students aged between 18 and 25. A hybrid methodology has been adopted, combining: data extracted from a questionnaire; text from the photo-stories; images of the photo-stories and interviews. The results underline that young people have a sense of belonging to the European community, with the same rights and benefits. Moreover, there is the need to have the same feeling of European citizenship everywhere in Europe. The request for a stronger and more active citizens’ involvement also emerged from the study.

At present, there is great variance in the law and practice concerning the publication of personal data of newly naturalized citizens across the European Union Member States, affecting a million individuals annually. Depending on the extent of the personal details made available, publishing the fact that an individual has naturalized can have negative repercussions in that individual’s state of naturalization or his state of other/prior nationality. While some European states publish personal details in their official journals to some extent, twelve do not do so at all. In recent years, several countries have amended their legislation or re-assessed publication practices in response to the growing awareness of the importance of data protection concerns. This article analyzes the current Member State practices in this field, focusing in particular on data protection rules for naturalization in Ireland, France, and Latvia. This analysis documents the emergence of a clear trend toward the development of a more critical approach to the publication of personal data, which was previously the unquestioned default. The article subsequently investigates the possibility of identifying a legal standard that could be used to determine whether a more coherent approach to regulating the issue of publishing personal data of naturalized citizens can be deduced. In the EU context, it finds that such publication practices may fall within the scope of the EU General Data Protection Regulation. In the context of Council of Europe law, the principles of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data undoubtedly apply. U.N. instruments, by contrast, appear de facto inapplicable. The article concludes with a set of recommendations for what information should be published and how, emphasizing that public authorities should carefully scrutinize and potentially reconsider their strategies managing the publication of personal data upon naturalization.

On the 23rd of July 2018, the European Commission registered a European Citizens' Initiative called " Permanent European Union Citizenship " , with the objective, in the context of Brexit, to ask the Commission to " propose means to avoid risk of collective loss of EU citizenship and rights, and assure all EU citizens that, once attained, such status is permanent and their rights acquired ". The aim of this initiative is, for British citizens, to retain European Union citizenship post Brexit. However, paradoxically enough, a considerable number of British expats, who are the main concerned, are legally unable to support this initiative (or any other as it turns out) because of a legal conundrum.

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European universities today are characterised, among other things, by their strong commitment to the internationalisation of their study programmes, their research activity and, above all, their students. Spanish universitiesand specifically Catalan universities, the focus of this special issueare no exception in this regard, with the result that students increasingly study part of their degree abroad and the universities themselves devote significant resources to their internationalisation policies. This special issue will explore in detail the process of adaptation of Catalan university students to new academic and linguistic environments which constitute internationalisation in practice. It has two main goals.