European citizenship : an institutional challenge

Abstract

Digitised version produced by the EUI Library and made available online in Open Access in 2021 for research or private study purposes. ; One of the most promising institutional innovations introduced by the Treaty on the European Union signed in Maastricht and by the reform of the European Community which accompanied it has been a new legal status granted equally to all Member States nationals: European Citizenship. The recent Treaty of Amsterdam has since improved and broadened this new status. Political community may be seen to consist of two main elements -- citizenship on the one hand and sovereignty on the other -- so that if we have citizens, there must be a sovereign. This is the reason why, once a European citizenship is established, one may say that, through a kind of `constitutive act', a European supranational society has been founded. In a democratic society, citizens are both the holders and the recipients of sovereignty, so that the scope of citizenship defines the area where sovereignty is operative and from which it may draw its legitimacy. Citizenship should necessarily refer to a society endowed with powers of political self-determination (that is, sovereignty). European citizenship is therefore extremely relevant, since it has a `foundational' character and signals the emergence of a new polity. This book deals with each of these questions and covers all aspects of European citizenship. It is entirely devoted to analysing this new and promising status, studied from a multiplicity of perspectives by a number of outstanding scholars and researchers from most of the member states of the European Union. It will be of prime interest both to lawyers and laypersons who want a better knowledge of the new opportunity for political participation and the new rights created by the European Union for its citizens. ; Preface, Massimo La Torre -- Introduction : European citizenship - identity and differentity, Joseph Weiler -- Part I Citizenship and rights -- Chapter I : the concept of citizenship in the period of the French Revolution, Michel Troper -- Chapter II : citizenship : problems, concepts and policies, Vincenzo Ferrari -- Chapter III : citizenship : a jurisprudential paradox, J. Donald Galloway -- Chapter IV : citizenship and raison d'État. The quest for identity in Central and Eastern Europe, Valentin Petev -- Chapter V : citizenship and nationality : tracing the French roots of the distinction, Benoit Guiguet -- Part II European citizenship and nationality -- Chapter VI : the relationship between the nationality legislation of the member states of the European Union and European citizenship, Gerard-René de Groot -- Chapter VII : German citizenship law and European citizenship : towards a special kind of dual nationality?, Raine Hofmann -- Chapter VIII : a dual citizenship in the making : the citizenship of the European Union and its reform, Jörg Monar -- Chapter IX : the position of resident third-country nationals : is it too early to grant them Union citizenship?, Álvaro Castro Oliveira -- Chapter X : equal citizenship and the difference that residence makes, Ruth Rubio Marín -- Chapter XI : a new basis for European citizenship : residence?, Marie-José Garot -- Part III A special kind of citizenship? -- Chapter XII : fundamental rights and the European citizen, David O'Keeffe and Antonio Bavasso -- Chapter XIII : Union citizenship and the constitutionalization of equality in EU law, Andrew Evans -- Chapter XIV : European citizenship in action : from Maastricht to the Intergovernmental Conference, Epaminondas Marias -- Chapter XV : European citizenship : what is is and what it could be, Vincenzo Lippolis -- Chapter XVI : a European citizenship without women?, Éliane Vogel-Polsky -- Part IV Citizenship and European democracy -- Chapter XVII : citizenship and democracy : elements for a theory of contemporary constitutional democracy, Gustavo Gozzi -- Chapter XVIII : citizenship beyond the national state? : the transnational citizenship of the European Union, Joseph Marko -- Chapter XIX : promises and resources - the developing practice of 'European' citizenship, Antje Wienver -- Chapter XX : supranational citizenship and democracy : normative and empirical dimensions, Carlos Closa -- Chapter XXI : citizenship, constitution, and the European Union, Massimo La Torre