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5.1.1. What is the meaning of the word “citizen” ?

Legal meaning:- Set of people having sovereignty, that’s to say political power.

In Democracy:-The citizen is a subject by right. He or she has rights, enjoys freedoms and equality before the law and is subject to obligations.

• The citizen monitors and sanctions the action of those governing as a result of the elections,

• To be a citizen is also a social link: the fact of living together and being subject to the same authority. Citizenship expresses a sense of belonging to a group. They say this idea forms in the minds of young people, generally between the ages of 15 and 25.

More information on the definition of citizenship : www.euopa-jetzt.org/forumf/spip.php

5.1.2. When and where did the notion of citizenship first appear?

Greek City: citizen, the fact of belonging to a class of free men (only males), as against the slave from birth.

Rome: Advent of legal status, progressively extended to those who weren’t Roman by the Edict of Caracalla: a constitutional act extending Roman citizenship to all the free subjects of the Empire (the peregrins).

The French and British concepts: two conceptions of transcendence by the political which still clash today:

1. The French conception (and Rousseau’s), which uses as a starting point the fusion between the individual and society to arrive at a concept of the general, unitary and total will of the citizenry, which was imposed by the French Revolution temporarily, but only finally became established after the fall of Napoleon III and the advent of the Third Republic.

2. The British idea (and Montesquieu’s) which starts from the separation and balance of powers, respecting diversity of allegiances and private attachments, and hence liberal pluralism. It’s origins are said to go back to Magna Carta, to “Habeas Corpus” of 1679 and the “bloodless revolution” of 1688.

These two models have inspired the different constitutions of the democratic regimes of parliamentary representation with central, federal or regional power with all the combinations and many differences in practice, for instance concerning the integration of immigrant populations and the definition of the secular or the separation of religions, confessions and philosophical ideas.

Citizenship encompasses two aspects. The first is a so-called “internal” identification of the individual with the whole of which he/she forms a part. It is in Roman Law, the “ which indicates participation in a collective group and, at the same time, designates a person’s juridical status. It is also, Diogenes, the cynic, asserting in the 3rd Century BC, that he was “a citizen of the world” as opposed to Athenian citizenship. It is again, in 1789, at the time of the French Revolution, the “Declaration of the Rights of Man and the Citizen”, which, by creating a category of new men, opposed the Republic to the Monarchy.

The second aspect, which is no more than the other side of the same coin, concerns a so-called “external” identification. It is a matter of the identification of the individual and of the collective group to which he/she belongs as against the other collective groups in the world. As far as present-day international law is concerned, this “external” or international identification is made by reference to the nation state. Here the individual is attached to a state; here citizenship encompasses nationality.

Let’s recall the difference between patriotism (defending the specific qualities of one’s own country) and nationalism (putting the specific qualities of one’s own country above those of the others). Do we haveto fall out because of where we were born? Isn’t is possible to be Gallic, British and European at the same time?

Video in English on the subject

5.1.3. What is meant by a “European Citizen”?

The European Council meeting in Copenhagen in December 1973 adopted a declaration on a European identity based on Human rights and  democratic rule.  

The European Council meeting in Rome in December 1975 agreed to the organisation in 1979 of the first elections to the European Parliament by universal suffrage and the introduction of the European passport.

The European Council meeting in Fontainebleau in June 1984 decided to set up the “Adonnino* Committee” for a Citizens’ Europe.

See also:  The origin of Citizens’ Europe

5.1.4. What is meant by “European citizenship”?

Official documents of the Union define European citizenship as follows:

“A citizenship of the Union is instituted.  A citizen of the Union is any person who has the nationality of a member state. Citizenship of the Union complements national citizenship: it does not replace it.”

See: eur-lex.europa.eu/LexUriServ/site/en/oj2006/ce321/ce32120061229en00010331.pdf
 
This definition is repeated in the Constitutional Treaty (article 1-8) and in the European Charter of Fundamental Rights.

This definition is the result of thinking set forth in the following reports:

• The Tindemans Report (1975)
• The Adonnino Report (1985)
• The Maastricht Treaty instituted European citizenship.  It has been confirmed by the Amsterdam and Nice Treaties (1997 and 2000 respectively.

5.1.5. What documents issued by the EU define European Citizenship?

The only documents published by the EU are those of the treaties (see 5.1.4).  

In the absence of more official statements on the subject, here are two examples of critiques that have been made about this concept1:

In 1940 De Gaulle and Churchill envisaged the creation of a Franco-British Union in which “every French citizen will immediately have citizenship of the United Kingdom and every British subject will become a citizen of France (Jean Monnet, Memoires,  page 27).

In 1963, in the Van Gend & Loos case, about the interpretation of the former article 12 EC concerning a Stand Still Clause in the matter of customs import duties, the Court stated that “the objective of the EEC treaty which is to set up a common market the workings of which directly concern the subjects of the Community” includes in particular “the creation of organs which institutionalise sovereign rights, the exercise of which affects both the member states and their citizens”, adding that “the Community constitutes a new legal order of international law…  the subjects of which are not only the member states but also their nationals”.  It can be deduced from this that the citizen is subject to Community law and that the notion includes that of a national of a member state.

Discounting legislation, this citizenship tends to be symbolised by the European anthem (Ode to Joy from Beethoven’s 9th.), by  the flag with its 12 stars and by European Day, the 9th of May; and, legislation included,  it is symbolised by the creation of a European driving licence (Directive of 4th December 1980) and a European Passport (Decision of the Council of 23rd June 1981).

In 1984 at Fontainbleau the European Council set up a “Citizens’ Europe” committee.

In 1985 the two “Adonnino” reports submitted to the European Council stressed the two aspects of the citizens, on the one hand an external identity (anthem, passport, flag, day), on the other, an internal identity which is meant to make people’s lives easier, particularly through freedom of movement  

In 1986 the Single European Act strengthened this internal identity by reinforcing the Common Market (article 8A EEC, which became 7A EC, which became 14, EC – EU?).  

In 1989, in its decision concerning the Erasmus programme, encouraging the free movement of European students, the Court stated that “the achievement of a Citizens’ Europe (which is one) of the aims of the Community”  (Com. c.  Council, Erasmus. 1989).

In 1990, in the negotiations leading up to the Maastricht Treaty, Spain proposed the creation of European Citizenship, properly speaking.

When the public at large were asked about their citizenship (data from the Eurobarometer of 2003 on the 15 older member states), it was noticeable how only a small minority considered themselves to be exclusively or firstly European citizens (12%).  About 45% acknowledged their European citizenship but put it second after their national citizenship,  as per the provisions of the Treaty.  More worrying was the attitude of 41% of European citizens, or two Europeans out of every five, who did not acknowledge the privileges and obligations accruing to them as a result of belonging to the EU.    

Citizenship:  European and National identity
Copyright Promeuro – Illustration 5.1.a 
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1 Jean-Yves CARLIER, the status of people in the European Union, Syllabus addressed to the students of the UCL, taking the diploma in specialised subjects (D.E.S.) in international and European law, as well as to the students taking their third level degree in law.

In answer to the question whether people think about belonging to Europe,  the Eurobarometer of Autumn 2005 (No. 64) came up with the  following answers:  42% never, 38% sometimes, 17% often and 2% no reply.

See: ec.europa.eu/public_opinion/archives/eb/eb/64/eb64_en.pdf_page_45   In the Eurobarometer of Autumn 2006 (No. 66 – first results), the percentage of people who thought that belonging to the EU was a good thing fell slightly to 53% on average while the portion considering it a bad thing rose to 16%.

See: ec.europa.eu/public_opinion/archives/eb/eb/66/eb66_highlights_en.pdf_page_6

Among the symbols of Europe most valued by European citizens, first is the European flag, followed by the euro.

For or against the euro in the older member countriesCopyright Promeuro – Illustration 5.b.

5.1.6. Is there a list of citizens’ rights? Where is it to be found?

Today (April 2007), so long as the Constitutional Treaty of October 2004 remains ungratified, this list is the one given in the Nice Treaty:

• The right of freedom of movement and of stay
• The right to vote and of elegibility for the European Parliament
• The right to vote and of elegibility for the municipal  elections
• The right to diplomatic and consular protection
• The right of petition before the European Parliament
• The right to address oneself to the Ombudsman and to write to the institutions in one of the languages of the Union and receive a reply in the same language.

The first 4 rights are linked to nationality because they require you to be of one of the nationalities of the member states. The last 2 are linked to residence because people can exercise them irrespective of nationality.

European citizens also have a right that is not explicitly stated:  that said to arise from the “evolutive clause”  This clause signifies that other rights of citizenship can be added and those already provided for by the Treaties cannot be taken away.  However, it (the clause) is subject to a unanimous vote of the members of the European Council !

See:  The evolutive clause in article 22 of the consolidated Treaty (page 51)

5.1.7. How can European citizens avail themselves of their rights?

Protection of rights is guaranteed by the European Court of Justice and by the legal systems of the countries.

In the field of non-discrimination between citizens, there is already a set of case-law of the European Court of Justice (CJEC) which has given a body (of law) with principles of a constitutional value limiting arbitrary and restrictive interpretations by member states and (which) has made European legislators move forward in the area of defining rights.

Article 43 of the Consolidated Treaty (page 59) , concerning the right of settlement in another country, has been deemed by the CJEC one of the fundamental rules of the Community.  According to the Court, this article is a legal provision which imposes “respect for the rule that citizens of other member states shall be treated equally to nationals (of the host country) and forbids any discrimination based on nationality arising from national legislation, regulations or practice”. (Ruling of 18 June 1985, P.Steinhausser v City of Biarritz, case 197/84)  

5.1.8. How has the right to vote been introduced?

Each member state has its own history as far as this is concerned.

Here, by way of example, are the main stages for Belgium:

The right to vote for men:

• 1831: right to vote only for those men who pay a certain amount of  direct taxes (in French called "vote censitaire”*): 1% of the population have a vote
• 1883:  right to vote for men based on their level of education (in French : vote capacitaire*):
• 1893: general strike for extension of the suffrage, but excluding women, the (legally) incapacitated and non-tax payers);
• 1919 : one man = one vote

The right to vote for women:

• 1893 : women excluded from demands of the workers.
• 1919 : women excluded from the one man. One vote principle, except for those who had paid “the price in blood” during the 1914-18 war.
• 1920: right for women to vote at the municipal elections as well as elegibility for women “if their husband doesn’t mind” !   This right does not extend to “women living a bad life” !
• 1948 : universal male suffrage, for men and women.

5.1.9. What are the duties of the European Citizen ?

European citizenship not only gives rights, but it also involves duties, the principle being observance of rules and regulations issued at the European Union level, which are additional to those of the member states. For instance: the duty to leave the territory of a member state to be judged by the court of another member state.

To take proper account of how others see things. The fact of belonging to a broad community implies that, in one’s values, one should take proper account of the values of other cultures. The willingness of the European citizen to take into account the point of view of Europeans with other cultures is part of the process of adaptation of our society and opening it up to the world and it is good preparation for the formation of world citizens.