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Abstract:
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This paper explores the different ways in which citizenship has played a role in polity formation in the
context of the European Union. It focuses on both the ‘integration’ and the ‘constitution’ dimensions.
The paper thus has two substantive sections. The first addresses the role of citizenship of the Union,
examining the dynamic relationship between this concept, the role of the Court of Justice, and the free
movement dynamic of EU law. The second turns to citizenship in the Union, looking at some recent
political developments under which concepts of citizenship, and democratic membership as a key
dimension of citizenship, have been given greater prominence. One key finding of the paper is that
there is a tension between citizenship of the Union, as part of the EU's ‘old’ incremental
constitutionalism based on the constitutionalisation of the existing Treaties, and citizenship in the
Union, where the possibilities of a ‘new’ constitutionalism based on renewed constitutional documents
have yet to be fully realised |