La cittadinanza dell'Unione europea
Title: La cittadinanza dell'Unione europea
Author: IANNIELLO SALICETI, Alessandro
Citation: Patrizia DE CESARI (ed.), Trattato di diritto Privato dell'Unione europea, Persona e Famiglia, Turin, 2008, 2, 93-148
This chapter describes the historical evolution of the concept of EUcitizenship and of related "special rights" (non-discrimination, free movement, residence rights, electoral rights, worldwide protection by diplomatic agents of EU Member States). From Spinelli's and Adonnino's proposals in 1984-1985 until the "Catania Report" in 2006, there has been a constant parallelism in both Luxemburg and Strasburg European Courts in shaping the "special rights of EU citizens" as a matter of differentiating their status from non-EU nationals. Doctrine has often criticized this approach of parallelism leading to a “denizenship” or to an inadequate protection of fundamental rights either in the case of EU citizens moving to another EU Member State or in the case of non-EU nationals. Only national citizens are still allowed to join public administration posts and to enjoy voting rights in national elections. Moreover only national citizens are unconditionally protected against deportation from their State of nationality, as the exile is not admitted as a sanction in the common constitutional tradition of EU States. Finally, the analysis conducted in the chapter stigmatizes the limited "acquis communautaire" in this field of special rights of EU citizens. In fact the set of “EU citizens’ rights is still based on the bulk of Article 8 of the Maastricht Treaty remaining essentially unchanged to-date after 16 years. The last part of the chapter focuses on the concept of "European identity" and on some paths towards possible future developments of EU citizenship rights.
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