ABSTRACT

This chapter examines the concept of European Union (EU) citizen and compare it with the concept of citizen of a national democracy. The rights which EU citizens are granted under EU law are of different nature to the rights which citizens accord themselves as members of a democratic community. The chapter argues that the rights attached to EU citizenship are rights which the EU grants individuals, in order to achieve specific policy objectives. The obligation of the member states to respect the rights attached to the status of EU citizen only arises where the matter falls within the scope of EU law. EU citizenship requires member states to allow EU citizens to enter and reside in their territories, even in situations where those individuals cannot establish a nexus to the internal market. Any rights which those family members may have will be parasitic on the primary right of the EU citizen.