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Our rights as a citizen of the european


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Our rights as a citizen of the european

  2. 2.  Citizenship of the European Union wasintroduced by the Maastricht Treaty, which wassigned in 1992, and has been in force since 1993.European citizenship is supplementary to nationalcitizenship and affords rights such as the right tovote in European elections, the right to freemovement, settlement and employment across theEU, and the right to consular protection from otherEU states embassies when a persons country ofcitizenship does not maintain an embassy orconsulate in the country they need protection in.
  3. 3.  EU citizenship as a distinct concept was firstintroduced by the Maastricht Treaty, and wasextended by the Treaty of Amsterdam. Prior to the1992 Maastricht Treaty, the EuropeanCommunities treaties provided guarantees for thefree movement of economically active persons, butnot, generally, for others. The 1951 Treaty of Parisestablishing the European Coal and SteelCommunity established a right to free movementfor workers in these industries and the 1957 Treatyof Rome provided for the free movement ofworkers and services.
  4. 4.  However, the Treaty provisions were interpreted by the European Court ofJustice not as having a narrow economic purpose, but rather a wider socialand economic purpose. In Levin, the Court found that the "freedom to takeup employment was important, not just as a means towards the creation of asingle market for the benefit of the Member State economies, but as a rightfor the worker to raise her or his standard of living". Under the ECJ caselaw,the rights of free movement of workers applies regardless of the workerspurpose in taking up employment abroad, to both part-time and full-timework, and whether or not the worker required additional financial assistancefrom the Member State into which he moves. Since, the ECJ has held that arecipient of service has free movement rights under the treaty and thiscriterion is easily fulfilled, effectively every national of an EU country withinanother Member State, whether economically active or not, had a rightunder Article 12 of the European Community Treaty to non-discriminationeven prior to the Maastricht Treaty. In Martinez Sala, the European Court of Justice held that the citizenshipprovisions provided substantive free movement rights in addition to thosealready granted by Union law.
  5. 5.  Political rights Voting in European elections: a right to vote and stand in elections to the EuropeanParliament, in any EU member state (Article 22) Voting in municipal elections: a right to vote and stand in local elections in an EU stateother than their own, under the same conditions as the nationals of that state (Article 22) Accessing European government documents: a right to access to European Parliament,Council, and Commission documents (Article 15). Petitioning Parliament and the Ombudsman: the right to petition the EuropeanParliament and the right to apply to the European Ombudsman in order to bring to hisattention any cases of poor administration by the EU institutions and bodies, with theexception of the legal bodies (Article 24)[15] Linguistic rights: the right to apply to the EU institutions in one of the official languagesand to receive a reply in that same language (Article 24). Rights of free movement Right to free movement and residence: a right of freemovement and residence throughout the Union and the right to work in any position(including national civil services with the exception of those posts in the public sector thatinvolve the exercise of powers conferred by public law and the safeguard of generalinterests of the State or local authorities (Article 21) for which however there is no onesingle definition); Freedom from discrimination on nationality: a right not to be discriminated against ongrounds of nationality within the scope of application of the Treaty (Article 18); Rights abroad Right to consular protection: a right to protection by the diplomatic orconsular authorities of other Member States when in a non-EU Member State, if there areno diplomatic or consular authorities from the citizens own state (Article 23): this is due tothe fact that not all member states maintain embassies in every country in the world (16countries have only one embassy from an EU state).
  6. 6.  Free movement rights Article 21 Freedom to move and reside Article 21 (1) of the Treaty on the Functioning of theEuropean Union[14] states that Every citizen of the Union shall have the right to move and reside freely within the territoryof the Member States, subject to the limitations and conditions laid down in this Treaty andby the measures adopted to give it effect. The European Court of Justice has remarked that, EU Citizenship is destined to be the fundamental status of nationals of the Member States The ECJ has held that this Article confers a directly effective right upon citizens to reside inanother Member State.[17][18] Before the case of Baumbast,[18] it was widely assumed thatnon-economically active citizens had no rights to residence deriving directly from the EUTreaty, only from directives created under the Treaty. In Baumbast, however, the ECJ heldthat. Article 18 of the EC Treaty granted a generally applicable right to residency, which islimited by secondary legislation, but only where that secondary legislation is proportionate.Member States can distinguish between nationals and Union citizens but only if theprovisions satisfy the test of proportionality. Migrant EU citizens have a "legitimateexpectation of a limited degree of financial solidarity... having regard to their degree ofintegration into the host society„ Length of time is a particularly important factor whenconsidering the degree of integration. The ECJs case law on citizenship has been criticised for subjecting an increasing numberof national rules to the proportionality assessment.
  7. 7.  Article 45 Freedom of movement to work Article 45 of the Treaty on theFunctioning of the European Union[14] states that 1. Freedom of movement for workers shall be secured within the Union.2. Such freedom of movement shall entail the abolition of any discriminationbased on nationality between workers of the Member States as regardsemployment, remuneration and other conditions of work and employment. State employment reserved exclusively for nationals varies betweenmember states. For example, training as a barrister in Britain and Ireland isnot reserved for nationals, while the corresponding French course qualifiesone as a juge and hence can only be taken by French citizens. However, itis broadly limited to those roles that exercise a significant degree of publicauthority, such as judges, police, the military, diplomats, senior civil servantsor politicians. Note that not all Member States choose to restrict all of theseposts to nationals. Much of the existing secondary legislation and case law was consolidated[23]in the Citizens Rights Directive 2004/38/EC on the right to move and residefreely within the EU.
  8. 8.  Passports of the EU The European Union does not issue passports, butordinary passports issued by its 27 member statesshare a common design. Common features includethe burgundy coloured cover, the use of the words"European Union" in the countrys official language orlanguages on the cover, as well as common securityfeatures and biometrics. Some EU member states also issue non-EU passportsto certain people who have a nationality which doesnot render them citizens of the European Union (e.g.,British Overseas Territories Citizens except those witha connection to Gibraltar, British Nationals (Overseas),British Overseas Citizens, British Protected Personsand British Subjects).
  9. 9.  National identity cards in the EU National identity cards are issued by 24 European Unionmember states to their citizens. EU citizens holding a nationalidentity card can not only use it as an identity document withintheir home country, but also as a travel document to exercisethe right of free movement in the European Economic Area(European Union, Iceland, Liechtenstein, and Norway) andSwitzerland. Some EU member states also issue nationalidentity cards to residents who are non-EU citizens – thesecards are only valid as an identity document within the issuingcountry and are not valid as a travel document for the rest ofthe EEA and Switzerland. At present, three European Union member states (Denmark,Ireland and the United Kingdom) do not issue national identitycards to their citizens. Therefore, EU citizens from these threecountries can only use a passport as a travel document toenter and reside in the EEA (EU, Iceland, Liechtenstein, andNorway) and Switzerland without a visa.
  10. 10.  The European Citizens’ Consultations are the first pan-European participatory project toinvolve citizens from all 27 Member States of the European Union into the debate about theFuture of Europe. Between October 2006 and May 2007, more than 1,800 citizensdeliberated on the subject in 27 countries speaking 23 official languages. They wereselected at random by professional recruitment agencies or universities according to a setof criteria that ensured that they reflected the diversity of the EU’s population. In European-and national-level debates the citizens were choosing and discussing three topics theyconsidered most important to their lives, identified common ground and maderecommendations to policy-makers responsible for making the decisions on Europe’sfuture. The European Citizens Consultations were organised by a group of independent, non-for-profit organisations led by the King Baudouin Foundation (Belgium) in collaboration withEuropean Citizen Action Service (ECAS), the European Policy Centre (EPC) and theNetwork of European Foundations for Innovative Cooperation (NEF). They were supportedby Compagnia di San Paolo, Riksbankens Jubileumsfond, Robert Bosch Stiftung andCalouste Gulbenkian Foundation. The European network of partners and donors includedorganisations from all Member States. The project was co-financed by the EuropeanCommission and linked to DG Communication’s Plan D.
  11. 11.  Europe for Citizens (formerly Citizens for Europe) is a European Union programmedesigned to help bridge the gap between citizens and the European Union. Ending in 2006,the European Commission on 6 April 2005 adopted a proposal for a new programme to runfrom 2007 to 2013. The programme will provide the Union with instruments to promoteactive European citizenship, put citizens in the centre and offers them the opportunity tofully assume their responsibility as European citizens. The Commission has determined thatcitizens should also be aware of their duties as citizen and become actively involved in theprocess of European integration, developing a sense of belonging and a European identity. The global aim of the proposed programme is to contribute to: Giving citizens the opportunity to interact and participate in constructing an ever closerEurope, united in and enriched through its cultural diversity; Forging a European identity, based on recognised common values, history and culture; Enhancing mutual understanding between European citizens respecting and celebratingcultural diversity, while contributing to intercultural dialogue. The proposal affirms that Union citizenship should be the fundamental status of nationals ofthe Member States. The budget for the new program is €235 million.
  12. 12.  4 freedoms: The European Unions (EU) internal market (sometimes known as thesingle market, formerly the common market) seeks to guarantee the freemovement of goods, capital, services, and people – the EUs "fourfreedoms" – within the EUs 27 member states. The internal market is intended to be conducive to increased competition,increased specialisation, larger economies of scale, allowing goods andfactors of production to move to the area where they are most valued, thusimproving the efficiency of the allocation of resources. It is also intended to drive economic integration whereby the once separateeconomies of the member states become integrated within a single EU wideeconomy. Half of the trade in goods within the EU is covered by legislationharmonised by the EU.[2] The creation of the internal market as a seamless, single market is anongoing process, with the integration of the service industry still containinggaps.[3] It also has an increasing international element, with the marketrepresented as one in international trade negotiations. Notably, the internalmarket is open to three non-EU states via the European Economic Area.