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The legal nature of EU citizenship: perspectives from international and EU law

Ágoston Mohay, Davor Muhvić

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Abstract

This article aims to analyze the legal nature of EU citizenship from the perspective of international and EU law. EU citizenship differs from the traditional institution of nationality by the fact that it is not a legal relationship between an individual and a state, but a legal relationship between an individual and a (supranational) international organization. EU citizenship is defined by the Treaties as a status of additional nature - it can only be attained as a corollary of national citizenship of one of the Member States. The ECJ, however, defines it as the status that is destined to be the fundamental status of the nationals of the Member States.

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What this paper is about

This article aims to analyze the legal nature of EU citizenship from the perspective of international and EU law. EU citizenship differs from the traditional institution of nationality by the fact that it is not a legal relationship between an individual and a state, but a legal relationship between an individual and a (supranational) international organization. EU citizenship is defined by the Treaties as a status of additional nature - it can only be attained as a corollary of national citizenship of one of the Member States. The ECJ, however, defines it as the status that is destined to be the fundamental status of the nationals of the Member States.

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Available abstract

This article aims to analyze the legal nature of EU citizenship from the perspective of international and EU law. EU citizenship differs from the traditional institution of nationality by the fact that it is not a legal relationship between an individual and a state, but a legal relationship between an individual and a (supranational) international organization. EU citizenship is defined by the Treaties as a status of additional nature - it can only be attained as a corollary of national citizenship of one of the Member States. The ECJ, however, defines it as the status that is destined to be the fundamental status of the nationals of the Member States.

Key concepts: Citizenship, Nationality, Political science, Law, Member state, State (computer science), International law, Member states

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