It has been 20 years since Union citizenship was introduced
under the Treaty of Maastricht, yet it remains a topical and contemporary issue.
The year 2013, in which this study was finalised, has been designated the
European Year of Citizens, “to enhance awareness and knowledge of the rights
and responsibilities attached to Union citizenship.”2 In the past two decades,
European citizenship and its impact have been the topic of debate in rather voluminous
academic literature.3 These contributions focussed on subjects such as
political rights, social rights, the scope of these rights and the interaction with
national policy areas and more recently the constitutional consequences of European
citizenship. In this volume the constitutional impact of European citizenship
is analysed in a horizontal way, to explore the role of EU citizenship in the
constitutionalisation of the European Union. To this end, the different aspects of
European citizenship are specifically linked within a constitutional context. In
this study it will be assessed whether the introduction of, and the case law and
legislation on European citizenship have affected the system and nature of the
European Union.
Ever since its introduction in the Treaty of Maastricht, the concept of
European citizenship has been criticised from different angles, either as being
too weak, or as being too intrusive. Weiler stated in 1998 that “the Citizenship
clause in the TEU is little more than a cynical exercise in public relations.”4
Others have stressed that European citizenship case law of the Court of Justice
of the European Union (the Court or Court of Justice), after 1998, exceeded the
limits of Union law.5 In national media, and in policies and documents of European
institutions, Union citizenship has been a topical theme. In the case law of
the Court, many Member States intervene in cases concerning Union citizenship.
The initial fear, at its introduction, that Union citizenship would only be
of symbolic value, that Union citizenship would be nothing more than pie in
the sky, has proved unfounded. In contrast, European citizenship case law has,
today, even been criticised as being too intrusive in national policies.
1