ABSTRACT

The original European Commission Treaty signed in 1957 made no reference to any form of European 'citizenship'. According to Article 20, in order to be a 'Citizen of the Union', it is first necessary to hold 'the nationality of a Member State'. Nationality is conferred purely by way of the national law of the state concerned. The Court held that Member States were free to decide on matters of nationality, including loss of nationality – a point confirmed in several international conventions. 'Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.' A right of residence alone is potentially of little assistance unless it is accompanied by a right not to be discriminated against.