European Citizenship

Walters, Robert

doi:10.1007/978-981-15-2164-5_7

Robert Walters²

Abstract

European citizenship has to be one of the most significant changes to citizenship law and policy since WWII. It is the only supranational citizenship in the world. This chapter explores what it means for Slovenians to be part of the European Union. Slovenia became a member to the European Union (EU) in 2004. As a result, they inherited European Law and became European citizens. It begins by tracing the steps of what is known as European citizenship today, from 1957 and the implementation of the European Coal and Steel Community through to the 2007 Treaty of Lisbon. The Maastricht Treaty provides a legal status of European Union citizenship, although different from member states national law. It is argued that the EU through its legal, institutional, judicial, economic and social framework, has to some level established an identity. However, it is not what people would otherwise consider as a national identity. This chapter traces the steps Slovenia has taken on the path to joining the European Union in 2004. The most significant change for all Slovenians was the ability to move freely throughout the European Union. Slovenia would also find itself having to apply the European Union norms of equality between men and women. Equality is a component of modern democracy and national identity. Equality, or otherwise referred to as discrimination, is a fundamental principle of the European Union.

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Notes

1.
Knop, K, (2008) Citizenship Public and Private, Law and Contemporary Problems, Vol. 71:309, 309–340.
2.
Nash, K, (2009) Between Citizenship and Human Rights, Goldsmiths University of London, Volume 43(6), 1067–1083.
3.
Bruce Ackerman, Reviving Democratic Citizenship, 2011, http://www.ssc.wisc.edu/~wright/ASA/Ackerman%20Real%20Utopia%20Essay%2D%2D%20Democratic%20Citizenship.pdf
4.
O’neil, C., Watts, T, (2015) Two Future: Australia at a Critical Moment, The Text Publishing Swann House, 200–205.
5.
Article 20, Treaty on the Functioning of the European Union, Official Journal of the European Union 2012/C 326/01, Volume 55, 26 October 2012, Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
6.
Walters, R., Bohnic, E, (2015) Constitutional citizenship, integration and dual citizenship among ASEAN member states, DIGNITAS Državljanstvo, integracija in pravo nepremičnin, 83–102.
7.
Ibid.
8.
Weil, P, (2001) Access to Citizenship: A Comparison of Twenty-Five Nationality Laws, in Citizenship Today” Global Perspectives and Practices, T Alexander Alienikoff and Douglas Klusmeyer, Carnegies Endowment for International Peace, 15–40.
9.
Treaty establishing the European Coal and Steel Community 1951 http://www.consilium.europa.eu/uedocs/cmsUpload/Community.pdf
10.
Ibid, article 119.
11.
Article 3 and Title III, The Treaty of Rome, 25 March 1957, http://ec.europa.eu/economy_finance/emu_history/documents/treaties/rometreaty2.pdf
12.
Council Regulation 1612/68, on freedom of movement of workers within the Community, Official Journal of the European Communities L 257/2.
13.
Ibid, article 2.
14.
Regulation (EEC) 1251/70, on the right of workers to remain in the territory of a Member State after having been employed in that State, Official Journal of the European Communities L 142/24.
15.
Council Regulation 312/76, amending the provisions relating to the trade union rights of workers contained in Regulation (EEC) 1612/68 on freedom of movement for workers within the community, Official Journal of the European Union L 039.
16.
Schengen Area and Cooperation, http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=URISERV:l33020&from=EN
17.
Single European Act 1986, Official Journal of the European Communities L 169.
18.
Ibid, section II, Article13 EEC Treaty , Article 8a. http://www.eurotreaties.com/singleuropeanact.pdf
19.
Article A, Maastricht Treaty 1992, Official Journal of the European Union C 191,
20.
Ibid, article 8, states citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. 2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby, http://www.eurotreaties.com/maastrichtec.pdf
21.
Ibid, article B.
22.
Benhabib, S, (2004) The Rights of Others: Aliens, Residents, and Citizens, Cambridge University Press, 110–118.
23.
Faslk, R, (1994) The Making of Global Citizenship in the Condition of Citizenship, edited by Bart van Steenbergen, Sage Publications, 127–140.
24.
Brodie, J, (2004) Introduction: globalisation and citizenship beyond the nation state, Citizenship Studies, 323–331.
25.
Gibney, M, (2009) Statelessness : Statelessness and the right to citizenship, Refugee Studies Centre, University of Oxford, 51–52.
26.
Nash, K, (2009) Between Citizenship and Human Rights, Goldsmiths University of London, Volume 43(6), 1067–1083.
27.
Article 137 and 141, Amsterdam Treaty , Official Journal of the European Union C 340.
28.
Ibid, article 1 & B.
29.
Ibid, Article 6.
30.
Treaty of Nice 2001, Official Journal of the European Union C 80/1.
31.
Ibid, article 18,
32.
Treaty establishing the Constitution for Europe, Official Journal of the European Union C 310.
33.
Act ratifying the Treaty on the Constitution for Europe and the Final Act, Official Gazette Republic of Slovenia, No. 1/2005.
34.
Miller, V, (2009) The Treaty of Lisbon after the second referendum, Research Paper 09/75, House of Commons.
35.
Article 2, Treaty of Lisbon, Official Journal of the European Union, C 83/171, 2010.
36.
Ibid, article 1.
37.
Ibid, article 6.
38.
Official Gazette of the Republic of Slovenia 78/2011.
39.
Chapter 2, Consolidated Versions of the Treaty of the European Union and the Treaty on the Functioning of the European Union, Official Journal of the European Union, 2010.
40.
Ibid.
41.
Ibid.
42.
Article 10, Treaty of Lisbon, Official Journal of the European Union, C 83/171, 2010.
43.
Article 4 (2) of the TEU, provided by the LT, ensures the European Union respects MS national identities by recognising a states identity as an inherent part of the political and constitutional structure of the country.
44.
Issever, E., Rumelili, B (2009), European Citizenship and Third Country Nationals: A Comparative Analysis of Germany and Britain, INTL 533, 1.
45.
Ibid.
46.
Maas, W, (2008) Migrants, States, and EU Citizenship’s Unfulfilled Promise, Citizenship Studies, 583–596.
47.
Moro, G, (2001) The Lab of European Citizenship: democratic deficit, governance approach and non-standard citizenship, International Institute of Sociology Congress, 2–11.
48.
Rawls, J, (2005) A Theory of Justice, Oxford University Press, 4–6.
49.
General Data Protection Regulation (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
50.
European Commission, Flash Eurobarometer European Union Citizenship; Analytical Report, 2010, 7.
51.
Ibid, 8.
52.
Article 2 (1), Lisbon Treaty , Official Journal of the European Union, C 83/171, 2010.
53.
European Parliament, Rules of Procedure, Chapter 1, 2012, 29–65.
54.
Article 2, 6 (2) and (3), Treaty of the European Union, Official Journal of the European Union C 83/19.
55.
Article 107, Rules and Procedure of the National Assembly, Official Gazette of the Republic of Slovenia No. 64/07.
56.
Ibid, article 108.
57.
Ibid, article 113.
58.
Ibid, article 114.
59.
Article 115, Rules and Procedure of the National Assembly, Official Gazette of the Republic of Slovenia No. 64/07.
60.
European Parliament, Briefing No 9, Slovenia and the Enlargement of the European Union, www.europa.eu/enlargement/breifings/9a3_en.htm
61.
Ministry of Foreign Affairs, Twenty Years of Slovenia’s International Recognition, Republic of Slovenia, http://www.mzz.gov.si/en/twenty_years_of_slovenias_international_recognition
62.
Ibid.
63.
Marolov, D, (2012) The Policy of the USA and EU towards the Disintegration of Yugoslavia, Goce Delcev University, Strip, Republic of Macedonia , International Journal of Social Science Tomorrow, Vol 1, No.2, 2–5.
64.
Ibid.
65.
Gow, J., Carmichael, C, (2000) Slovenia and the Slovenes: A Small State and the New Europe, London: Hurst & Co.
66.
Article 6 (1), upon application the principles of liberty, democracy , respect of human rights and fundamental freedoms and the rule of law apply.
67.
Copenhagen European Council required stability of a nation states institutions guaranteeing democracy, rule of law, human rights and respect of minorities, the existence of a functioning market economy able to cope with market forces of the Union as well as the ability to take on obligations of membership, economic, economic and monetary.
68.
Paragraph 2, Article 160 Slovenian Constitution and article 70 Constitutional Court Act, Official Gazette of the Republic of Slovenia 64/07, Official Gazette of the Republic of Slovenia 40/97.
69.
Regular Report, From the Commission on Slovenia’s Progress Towards Accession , 1999, 71, http://ec.europa.eu/enlargement/archives/pdf/key_documents/1999/slovenia_en.pdf
70.
Republic of Slovenia, Amendments to the Republic of Slovenia’s National Programme for the Adoption of the Acquis, 2002, 1.
71.
Jambrek, P, (2014) Nation’s Transitions, Social and Legal Issues of Slovenia’s Transitions 1945–2015, Graduate School of Government and European Studies, Brdo pri Kranju and European Faculty of Law, Nova Gorica, Slovenia, 279.
72.
Direct effect has been fundamental to the ECJ in establishing a basis for giving effect to article 288 of Lisbon Treaty (article 249 of the EC Treaty) that states a regulation shall have general application, shall be binding in its entirety and directly applicable to Member States of the European Union.
73.
Legal certainty is closely aligned with the many European Union legal principles and doctrines such as the doctrine of acte clair pertaining to languages used across the European Union, and requires the law to be clear and accurate. Legal certainty has also been well established under article 2 of the Slovenian Constitution.
74.
Article 5, Consolidated Version of the Treaty of the European Union, Official Journal of the European Union, 2008. The principle was nevertheless present in former Yugoslavia, the Slovenian Internal Affairs Act 1980, forming part of Slovenian penal law, and in 1994 was included in the Penal Procedure Act Official Gazette RS, No 28/80. In Australia proportionality has been recognised in relation to sections 92 and 117 of the Constitution (express and implied freedoms). In Minister for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565, the Federal Court stated; the concept of proportionality’ as a criterion for assessment of validity in constitutional and administrative law appears to have entered the stream of common law from Europe and in particular, from the jurisprudence of the Court of Justices and the European Communities, including the European Court of Human Rights ”.
75.
Conflict of laws exists between the European Union and member states and in Australia between the commonwealth and states. Case 224/97 Erich Ciola v Land Vorarlberg [1999], Second Chamber, ECR I-257/8, stated that community law takes precedence over national law. In the Australian context, the executive power of the commonwealth is provided by section 61, and s51 of the Constitution, providing the Commonwealth the necessary powers to legislate and control such things as trade and commerce with other countries, taxation, external affairs and the immigration and entry of aliens, amongst others.
76.
The doctrine of supremacy, Case 6/64 Flaminio Costa v ENEL [1964] ECR 585, CMLR 585, 593, and the court stated EU law is supreme to MS constitutions, and the doctrine also applies to any present and future European Union law. The principle is found in article 3 of the Slovenian Constitution. Section 75 of the Australian Constitution provides exclusive jurisdiction of High Court in matters that arise under any treaty provided that Australia is a signatory and ratified the legal instrument. Furthermore, sections 51 (ii), 92, 99 and 117 of the constitution effectively provides that Australia is a stand alone country that is made up of states and territories, and national law takes precedence over state and territory law.
77.
(1993) 43 FCR 565.
78.
Title II Applicability of the Acts of the Institutions, Official Journal of the European Union, 2003, L 236.
79.
Article 53, Official Journal L 236, Slovenia’s Accession to the European Union, 2003.
80.
Migration changes and total increase, 2004, Statistical Office of the Republic of Slovenia, http://www.stat.si/eng/novice_poglej.asp?ID=705
81.
Ibid.
82.
Ibid.
83.
Facts about Slovenia, Slovenia a Member of the EU by 1 May 2004, http://www.ukom.gov.si/fileadmin/ukom.gov.si/pageuploads/dokumenti/Publikacije/european-union.pdf
84.
Slovenia joins the Euro area, European Commission, http://ec.europa.eu/economy_finance/articles/euro/slovenia_joins_the_euro_area_en.htm
85.
Slovenian Constitutional Court, Official Gazette of the Republic of Slovenia No. 42/97.
86.
Jambrek, P, Professor Graduate School of Government and European Affairs Substitute member, Venice Commission, Strasbourg 2009. http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-JU(2009)034-e
87.
Ibid.
88.
Regulation (ECC) No 1612/68, reinforces the right of freedom of movement for workers within the Community, Official Journal of the European Union, L 257.

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Victoria University, Melbourne, VIC, Australia
Robert Walters

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Walters, R. (2020). European Citizenship. In: National Identity and Social Cohesion in a Time of Geopolitical and Economic Tension: Australia – European Union – Slovenia . Springer, Singapore. https://doi.org/10.1007/978-981-15-2164-5_7

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DOI: https://doi.org/10.1007/978-981-15-2164-5_7
Published: 27 February 2020
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