Autonomisation of EU Citizenship
- 2026
- Book
- Author
- Serhii Lashyn
- Book Series
- Law in Global Contexts
- Publisher
- Springer Nature Switzerland
About this book
This book offers an analysis of Union citizenship, one of the key legal concepts of EU law. Introduced in the Maastricht Treaty, EU citizenship was initially seen as a beautiful but empty symbol. Yet, in the three decades of its existence, Union citizenship developed into one of the cornerstones of the modern-day constitutional structure of the EU. To understand the dynamics behind EU citizenship's ongoing development and appreciate its current role in Union law, this monograph analyses various facets of Union citizenship seen through the same theoretical lens of autonomisation. The book suggests that EU citizenship is currently undergoing autonomisation to a considerable extent. Being an open-ended concept, Union citizenship possesses significant intrinsic forces that drive its expansion and elaboration. Having already gone an impressive distance in its legal development, EU citizenship is likely to grow further, but its ultimate destiny will depend on the future of the European project.
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Table of Contents
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Frontmatter
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Chapter 1. Introduction
Serhii LashynThis chapter delves into the multifaceted concept of EU citizenship, a topic that has ignited passionate debate and remains a cornerstone of Union law. It begins by clarifying the conceptual issues surrounding EU citizenship and provides a historical retrospective of its evolution. The chapter introduces the novel concept of autonomisation, a theoretical lens developed to analyze the self-sufficiency and independence of EU citizenship within the legal order of the EU. Through this lens, the chapter examines various dimensions of EU citizenship, assessing its growth and complexification over the past thirty years. The analysis explores how EU citizenship functions in different capacities and what direction it is moving in. The chapter concludes with insights into the ongoing process of autonomisation, offering a fresh perspective on the future of EU citizenship as a systemically important concept in EU law.AI Generated
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AbstractThis introduction presents the subject matter of the book, namely EU citizenship. It gives a short overview of why the legal concept of Union citizenship is of relevance, how divergently it is being assessed in the literature and why it remains worthy of an academic investigation. Although being one of the cornerstone concepts of the modern-day law of the EU, Union citizenship remains largely unclear and intensively debated. The introduction sets the stage for the analysis carried out in the book by presenting the research question it aims to answer, outlining the approach taken in this monograph and giving a short overview of the book’s structure. -
Chapter 2. The Concept of EU Citizenship
Serhii LashynThis chapter provides a comprehensive overview of the concept of EU citizenship, exploring its definition, legal framework, and classification. It begins by investigating the terminological differences between EU citizenship and European citizenship, arguing that the former is the correct designation for the legal concept of Union citizenship. The chapter then delves into the legal sources that regulate Union citizenship, including the Treaties, the Charter of Fundamental Rights, and secondary legislation. It also explores the form and classification of EU citizenship, discussing its sui generis nature and its unique combination of republican and liberal features. The chapter further provides a structural analysis of EU citizenship, breaking it down into legal, political, and cultural-psychological-social-philosophical facets. Lastly, it critically engages with the approach to Union citizenship as an essentially contested concept, arguing that EU citizenship is not an essentially contested concept. The chapter concludes by discussing the research framework relevant to Union citizenship, outlining the ways it is approached in scholarship and identifying its margins and limitations.AI Generated
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AbstractThis chapter begins the analysis of Union citizenship carried out in this book by giving a conceptual overview of Union citizenship. It deals first with the proper naming of the concept. Then this chapter proceeds to investigate the form of EU citizenship and engages with its classification. After this, the chapter outlines the research framework. Particularly, it focuses on the legal sources that regulate Union citizenship and looks into its definition, mission, quality of additionality, substance and scope. This chapter also locates the place of Union citizenship on the terminological scale of citizenship and nationality. Finally, after outlining some structural perspectives on Union citizenship, this chapter critically engages with the approach to EU citizenship as an essentially contested concept. -
Chapter 3. History of EU Citizenship
Serhii LashynThe chapter delves into the rich history of EU citizenship, starting from its ancient roots in the Roman Empire and medieval city-states, through the philosophical foundations laid by thinkers like Immanuel Kant and Saint Augustine. It explores the post-WWII visionaries like Winston Churchill and Robert Schuman, who laid the groundwork for European integration. The chapter also examines the incremental development of EU citizenship through key treaties such as the Treaty of Paris and the Treaty of Rome, which established the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). The chapter highlights the role of the Court of Justice in shaping EU citizenship, particularly through landmark cases like Van Gend & Loos. It also discusses the formal introduction of EU citizenship in the Maastricht Treaty and its subsequent development through the Treaty of Lisbon. The chapter concludes by emphasizing the intrinsic link between the nature of EU citizenship and the core of the EU as a project, suggesting that the development of EU citizenship goes hand-in-hand with the evolution of the Union itself.AI Generated
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AbstractThis chapter is devoted to a historical overview of the concept of EU citizenship. Although formally introduced only in the 1992 Maastricht Treaty that established the modern-day European Union, the idea of Union citizenship appeared a long time before and developed over the course of decades. This chapter looks into the history of EU citizenship that goes back to the earliest stages of the European integration process and also pays attention to the developments that happened after the Maastricht Treaty. This historical study provides some background that is helpful for this book’s analysis of the contemporary development of Union citizenship in the wider context of EU law. -
Chapter 4. Autonomisation of EU Citizenship
Serhii LashynThis chapter examines the concept of EU citizenship through the lens of autonomisation, a process by which a concept gains independence and self-governance. It begins by exploring the common understanding of autonomisation and reflects on previous academic debates, notably those by Oliver Garner and Theodora Kostakopoulou. The chapter then develops a benchmark for autonomisation, building upon the autonomy of EU law and the notion of autonomous concepts. It discusses the autonomy of EU law, highlighting its fundamental characteristics and limitations, and explores the idea of autonomous concepts in both EU law and doctrinal constructivism. The chapter concludes by formulating a benchmark for the autonomy of EU citizenship, emphasizing its conceptual self-definition and independence within the broader EU legal system.AI Generated
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AbstractThis chapter presents the theoretical device of autonomisation that the book uses throughout its analysis of Union citizenship. The chapter first looks into how some other researchers understand autonomous EU citizenship. Then it proceeds to construct its own tailor-made notion of autonomisation. To do so, the chapter first turns to the autonomy of EU law, one of its most notable defining features. It then looks into the notion of autonomous concepts. In the end, the chapter presents the theoretical lens of autonomisation for the subsequent analysis of the different dimensions and facets of Union citizenship carried out in this book. -
Chapter 5. The Derivative Nature of EU Citizenship
Serhii LashynThis chapter delves into the derivative nature of EU citizenship, exploring its acquisition, loss, and the intricate relationship with Member State nationalities. It examines the legal framework and case law, including landmark decisions like Micheletti, Rottmann, and Ruiz Zambrano, which shape the understanding of this relationship. The chapter also discusses the implications of Brexit on EU citizenship and the potential alternatives to the current derivative status, such as residence-based citizenship and civic citizenship for third-country nationals. It concludes by assessing whether the derivative nature of EU citizenship is a hurdle to its autonomisation, arguing that it aligns with the sui generis nature of the EU and is a necessary legal and political necessity.AI Generated
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AbstractThe possession of Union citizenship is attached to the nationalities of the EU Member States. For this reason, it is said that EU citizenship derives from a Member State’s nationality. This chapter looks into this link. It focuses on how the personal scope of Union citizenship is determined by the Member States through their nationality laws, how those laws came within the reach of EU law because of Union citizenship and how EU citizenship can be lost. Then, this chapter looks into the alternatives to the current derivative status of Union citizenship suggested by commentators and critically reflects on them. -
Chapter 6. Social Solidarity: Striking a Delicate Balance
Serhii LashynThis chapter examines the social dimension of EU citizenship, focusing on the delicate balance between social solidarity and freedom of movement. It begins with an exploration of Marshall's theory of social citizenship, which posits that citizenship is composed of civil, political, and social elements. The chapter then delves into the social dimension of EU citizenship, breaking it down into three levels: up to three months, between three months and five years, and longer than five years. Each level is examined in detail, highlighting the challenges and nuances of cross-border social solidarity. The chapter concludes by discussing the implications of the social component of EU citizenship for the broader concept of Union citizenship and its potential for autonomisation.AI Generated
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AbstractAs a legal status, Union citizenship involves a certain social element. This cross-border social solidarity component is closely connected to the freedom of movement that represents one of the core rights associated with the EU citizenship status. This chapter looks into the social facet of Union citizenship. It begins by recalling Marshall’s theory of social citizenship and reflects on its applicability in a supranational context. The chapter then proceeds to the analysis of Union citizenship’s social component. This analysis is carried out at three levels that correspond to the residence period of mobile Union citizens: up to three months, from three months to five years, and permanent residence. -
Chapter 7. EU Citizenship in Comparison
Serhii LashynThis chapter delves into the global rise of inter-citizenships, comparing EU citizenship with other supranational citizenship regimes in regional trade blocs such as MERCOSUR, CARICOM, ASEAN, ECOWAS, GCC, and EAC. The comparison is structured around three key categories: formalisation, content, and political representation. EU citizenship stands out as the most advanced, excelling in all three categories. The chapter also challenges the notion that EU citizenship is unique, highlighting the existence of similar regimes worldwide. It concludes that EU citizenship is the most advanced supranational citizenship regime globally, with other regional blocs following its development pattern. The chapter provides a detailed overview of the citizenship regimes in various regional trade blocs, their similarities, and differences with EU citizenship, and the implications for the future of supranational citizenship.AI Generated
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AbstractThe rise of globalisation and regional trade cooperation led to the creation of various international blocs that offer many economic opportunities to their member states. Some of those organisations feature citizenship or citizenship-like regimes. At the same time, EU citizenship is usually compared with national citizenship statuses. This chapter undertakes to compare Union citizenship with similar regimes found in other regional alliances. Specifically, it compares EU citizenship with similar categories in MERCOSUR, CARICOM, ASEAN, ECOWAS, GCC, and EAC. The analysis shows that Union citizenship is the most advanced example of supranational citizenship, although similar statuses found in some other regional blocs are quite developed. -
Chapter 8. The Inevitable Widening of the Scope of EU Law
Serhii LashynThis chapter explores the intricate relationship between EU citizenship and the scope of EU law, focusing on the 'purely internal situation rule' and the phenomenon of reverse discrimination. It delves into the origins and evolution of the 'purely internal situation rule,' examining how it has been narrowed after the introduction of Union citizenship. The chapter also studies the impact of Union citizenship on the scope of EU law, highlighting the Court of Justice's jurisprudence and its role in shaping the dynamic between EU citizenship and the scope of EU law. Additionally, it explores the concept of reverse discrimination, its origins, and its typology, as well as the potential exceptions and the role of EU citizenship in addressing this phenomenon. The chapter concludes by discussing the future of EU citizenship and its potential to autonomise, as well as the implications for the scope of EU law. Readers will gain a deeper understanding of the complex interplay between EU citizenship and the scope of EU law, and the evolving nature of EU citizenship in the context of the European Union.AI Generated
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AbstractAlthough the Court of Justice stated in one of its judgments that Union citizenship was not supposed to extend the scope of EU law, the opposite has happened. This chapter investigates the interaction between EU citizenship and the scope of EU law. It begins with an overview of the purely internal situation rule that mandates the presence of a cross-border element for EU law to be applicable. The chapter then looks into how Union citizenship challenges this rule and makes it possible to apply EU law to situations that are confined to one Member State. After that, the chapter turns to the phenomenon of reverse discrimination. After providing a short overview of it and looking into possible exceptions, the chapter focuses on how the concept of Union citizenship goes at loggerheads with reverse discrimination. -
Chapter 9. The Democratic Deficit in a Citizens’ Union
Serhii LashynThis chapter delves into the democratic deficit within the European Union, a persistent issue that questions the democratic nature of the EU despite its constitutional commitment to democratic values. The text traces the origins of the democratic deficit, highlighting its first mention in the 1977 Manifesto of Young European Federalists, and explores its evolving definition and debate. The chapter also examines how Union citizenship, introduced by the Maastricht Treaty, aims to address this deficit by fostering a deeper political and social involvement of citizens in the Union's activities. Key areas of focus include the role of the European Parliament, the right to petition, the European Citizens' Initiative, and the European Ombudsman. The chapter critically evaluates the effectiveness of these mechanisms in enhancing democratic legitimacy and concludes that while Union citizenship offers some avenues for political participation, it is not yet a fully autonomous means of tackling the democratic deficit. The chapter argues that the solution to the democratic deficit depends on the emergence of a European people and a social reality that supports democratic politics at the supranational level.AI Generated
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AbstractThe legitimacy of the EU has been constantly questioned. In this context, one can come across the problem of the democratic deficit that the Union arguably suffers from. At least partially, the objective of EU citizenship was to tackle the democratic deficit. This chapter looks into how Union citizenship responds to this problem. It begins by looking into the notion of the democratic deficit, pointing out its divergent understanding and contestability. Then, the chapter proceeds to consider the specific means EU citizenship employs to react to the democratic deficit, namely through the European Parliament, the right to petition the Parliament, the European Citizens’ Initiative, and the European Ombudsman. -
Chapter 10. Citizenship in a Global World
Serhii LashynThis chapter delves into the evolution of citizenship, from its ancient origins to its modern-day implications in a globalised world. It explores the concept of global citizenship, its diverse interpretations, and its relationship with EU citizenship. The chapter also examines whether EU citizenship can be considered a form of global citizenship, providing a critical analysis of various perspectives on the subject. The chapter concludes that EU citizenship may be considered a pioneering form of global citizenship, offering a middle ground between national citizenship and the ideal of global citizenship uniting the whole world. It also highlights the Eurocentric nature of the global citizenship discourse and the need for further exploration of the concept in other parts of the world.AI Generated
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AbstractThe concept of citizenship has been evolving historically, changing its meaning and value. Particularly, citizenship transforms against the backdrop of globalisation, giving rise to the discussions on global citizenship. Aiming to answer the question of whether EU citizenship can be seen as global citizenship, this chapter looks into the notion of citizenship, particularly referring to the Nottebohm case and Hannah Arendt. After that, the chapter investigates the meaning of global citizenship as it is construed in scholarly thinking. Pointing out the lack of a common understanding in the domain of global citizenship, the chapter suggests that Union citizenship might be the most advanced prototype of global citizenship. -
Chapter 11. The Content of Union Citizenship
Serhii LashynThis chapter examines the fundamental aspects of Union citizenship, focusing on the rights and duties that constitute its core. It begins by differentiating between human rights, fundamental rights, and EU citizens' rights, highlighting the confusion and imprecision in the terminology used by the Court of Justice. The chapter then explores the rights associated with EU citizenship, drawing from the Charter of Fundamental Rights and the Treaty on the Functioning of the European Union (TFEU). It discusses the broad and narrow interpretations of these rights, analyzing the arguments for and against each perspective. The chapter also delves into the controversial issue of duties associated with Union citizenship, examining whether such duties exist and their potential implications. It concludes by assessing the autonomization of EU citizenship, suggesting that while it is not yet fully autonomous, the dynamics in both domains of duties and rights indicate a movement towards greater autonomy. The chapter provides a comprehensive overview of the current state of Union citizenship, offering insights into its legal and political evolution.AI Generated
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AbstractThe essence of any citizenship category is the rights and duties associated with it. In the case of Union citizenship, determining its content precisely is not easy. This chapter looks into the rights and duties that come with the EU citizenship status. It first starts with rights, providing some terminological mapping with regard to human rights, fundamental rights, and citizens’ rights. The chapter then focuses on the broad and narrow reading of EU citizenship rights. After that, the chapter proceeds to the analysis of the issue of the absence of clearly defined duties that EU citizens have to fulfil, paying some attention to whether it is desirable to associate any duties with the Union citizenship status. -
Chapter 12. Protection by Diplomatic and Consular Authorities as the Nascent External Dimension of EU Citizenship
Serhii LashynThis chapter delves into the often-neglected right of EU citizens to protection by diplomatic and consular authorities in third countries. It explores the concept of diplomatic protection in international law, differentiating it from consular assistance, and examines how this right functions within the context of EU citizenship. The text also discusses the practical challenges and legal ambiguities surrounding the implementation of this right, including the role of the Consular Protection Directive and the EU Emergency Travel Document Directive. Additionally, it analyzes the potential of this right to serve as an external dimension of EU citizenship, contributing to its autonomisation. The chapter concludes by assessing the impact of this right on the perception of EU citizenship in third countries and its role in strengthening European solidarity.AI Generated
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AbstractOne of the rights associated with the EU citizenship status is protection by diplomatic and consular authorities outside of the Union. Unlike the right to free movement, this right is relatively rarely used and receives less attention in the literature. This chapter looks into the right to protection by diplomatic and consular authorities. It first gives an overview of diplomatic protection. Then, the chapter turns to analysing the right to protection by diplomatic and consular authorities, looking into how diplomatic protection of Union citizens and consular assistance fit in the broader context of relevant international law. The chapter sheds light on the legal problems associated with the right to protection by diplomatic and consular authorities and how EU citizenship departs from international law in that regard. -
Chapter 13. European Demoicracy, Identity, and Citizenship
Serhii LashynThis chapter delves into the concept of demoicracy and its significance for EU citizenship and identity. It begins with an overview of the theory of demoicracy, critiquing its assumptions and exploring its implications for the European Union. The chapter then investigates the role of Union citizenship within the demoicratic framework, highlighting the tensions and contradictions that arise. Additionally, it examines the issue of European identity, discussing the challenges of forging a common identity among diverse nations. The chapter concludes with reflections on the future of Union citizenship and its potential to foster a sense of belonging and political cohesion within the EU. Readers will gain insights into the complexities of European integration, the evolving nature of EU citizenship, and the ongoing debate surrounding European identity.AI Generated
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AbstractCitizenship usually unites people who live in one state and identify with each other. In the case of Union citizenship, it is far-fetched to talk about European people who see themselves as such. The absence of European demos is often cited as the ultimate obstacle to enhancing the Union's legitimacy and democracy. This chapter looks into the theory of demoicracy developed by Nicolaïdis and seeks the place of Union citizenship within that theory. After that, the chapter undertakes to ascertain whether there are enough grounds to speak meaningfully of the European identity, paying attention to the theoretical understanding of identity and the issue of multilingualism in the Union. -
Chapter 14. Conclusions
Serhii LashynThis chapter delves into the intricate evolution of EU citizenship, a concept that has been both praised and criticized since its inception. It explores the notion of autonomisation, a framework tailored specifically for this analysis, which diverges from the traditional 'thin' or 'thick' citizenship debate. The chapter examines how EU citizenship has transcended its initial focus on the freedom of movement, asserting its influence on national citizenship regimes and challenging established principles of EU law. It also discusses the social dimension of EU citizenship, its role in fostering transnational solidarity, and its potential to contribute to the emergence of a European identity. Furthermore, the chapter compares EU citizenship with similar supranational citizenship regimes worldwide, highlighting its pioneering status. The conclusion drawn is that EU citizenship is on a long, non-linear journey towards autonomisation, with significant implications for the European project.AI Generated
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AbstractThis last chapter connects the dots and offers some conclusions on the issue of Union citizenship’s autonomisation. The chapter recalls the complexity of the concept of Union citizenship and recites the theoretical lens of autonomisation developed in the book. The chapter suggests that EU citizenship is not fully autonomous yet. However, when all the tendencies are properly considered together, it is fair to say that Union citizenship is undergoing autonomisation. The chapter ends the analysis carried out in this book with some reflections on the implications of the process of autonomisation and the role of EU citizenship in the broader context of European integration.
- Title
- Autonomisation of EU Citizenship
- Author
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Serhii Lashyn
- Copyright Year
- 2026
- Publisher
- Springer Nature Switzerland
- Electronic ISBN
- 978-3-032-15767-6
- Print ISBN
- 978-3-032-15766-9
- DOI
- https://doi.org/10.1007/978-3-032-15767-6
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