ABSTRACT
Summary 589
22.1 Introduction 591
22.2 The right of free movement and residence within the territory of the Member States 592
22.3 The right to participate in municipal elections and in elections to the EP 603
22.4 The right to diplomatic and consular protection 605
22.5 The right to petition the EP 607
22.6 The right to submit complaints to the EU Ombudsman 607
22.7 The evolving nature of EU citizenship 609
Aide-mémoire 610
SUMMARY
1. This chapter examines the concept of EU citizenship, which was established by the TEU and is referred to in Part II, Articles 17-22 EC. EU citizenship flows from national citizenship: every person holding the nationality of a Member State is an EU citizen. EU citizenship is thus derivative, rather than a right independent of or autonomous from national law. Member States have exclusive competence to determine who are to be considered their nationals, and such a determination cannot be challenged either by the Community or by other Member States. 2. In Case C-184/99 Grzelczyk the ECJ emphasised that EU citizenship “is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation [as nationals of a host Member State] to enjoy the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for”. The concept of EU citizenship reinforces the prohibition of discrimination based on nationality embodied in Article 12 EC in a situation where EU citizens are exercising their fundamental freedoms guaranteed under the EC Treaty. 3. The EC Treaty confers on EU citizens five identifiable rights.
