"European Union Citizenship: The Long Road to Inclusion"

AbstractThe University of ManchesterJulia Elena BradshawDoctor of Laws (LLD)European Union Citizenship: The Long Road to Inclusion2012 This thesis considers the development of the concept of citizenship, both historically and in its supranational guise. It addresses the traditional models of citizenship that have arisen in the national arena before turning its focus to supranational citizenship. The development of quasi-citizenship rights at the European level between 1957 and 1992 are discussed whilst asking whether, in fact, these principles amounted to a de facto creation of citizenship as would be formally understood in a national model. Thereafter, post-1992 developments are considered via the activities of the European courts. The courts? particularly activist role in expanding our understanding of Union citizenship by using existing Union legislation in imaginative ways is highlighted and used as a key factor in determining Union citizenship?s capacity to adapt and develop in the face of new challenges. This thesis plays particular attention to the non-Member State nationals who reside in Union territory and find themselves ostensibly deprived of citizenship rights despite being actively involve in the Union?s activities. Supranational citizenship is viewed through the unusual lens of stateless persons and this thesis suggests that Union citizenship does not live up to its ideals by excluding them from its understanding of the citizenry. It formulates a novel conception of rights-based residence, as opposed to nationality-based, supranational citizenship that is predicated on the Union?s heritage of respect for rights and would include Member State nationals, alongside third-country nationals, the stateless and refugees (who would struggle to gain recognition under a conventional citizenship paradigm), with the aspiration of rendering Union citizenship a more inclusive and rounded conception.