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3 EuConst 1 (2007)

handle is hein.journals/euroclv3 and id is 1 raw text is: Editorial DYNAMICS OF EUROPEAN AND NATIONAL CITIZENSHIP: INCLUSIVE OR EXCLUSIVE? Citizenship is an eminent example of the dynamic development of European con- stitutional concepts. From a status to which the member states wished not to attach any significant directly effective new rights, the Court of Justice has de- clared European citizenship to be 'the fundamental status of nationals of the mem- ber states' (Grzelczyck) and has given one of the prime citizenship rights, the freedom to reside in member states, direct effect. This development and in particular the interplay between constitutional developments at European Union and at na- tional level regarding citizenship deserve reflection. We focus on the extent to which citizenship constitutes an exclusive bond with a political community which distinguishes those who are its members from those who are not. Two views seem to be at the basis of relevant developments: on the one hand a more cosmopolitan and liberal European approach which stresses the inclusive- ness of citizenship, on the other hand a view which is more exclusive and republi- can. In the first view, persons are considered to have the fundamental right to free movement across borders; the refusal of entry and residence is an exception which requires special justification. Citizenship, in this view, is inclusive in as much as typical citizenship rights such as rights of abode and residence and electoral rights are not the privilege of those with formal citizenship status. The second and oppo- site view starts from the principle that member states have the sovereign right to decide about entry and residence; in principle a state can refuse entry to any person and the right to admission is a privilege. Citizenship is an exclusive con- cept in as much as its corollary rights are reserved to those who have obtained a formal status of 'citizens' only. It is not difficult to associate supranational EC law with the first approach. It is in fact and in law the principle at the basis of the relations within the European Union as between member states and their citizens. The second approach is typically a classic national state approach as it regards aliens, or for Union member states: non-EU-citizens, 'third country nationals'. The two views are in permanent tension. Although this was not the prime function of Union citizenship, which aimed primarily at the relations with mem- ber states' citizens, this citizenship too distinguishes between 'insiders' and 'out- siders', EU citizens and non-EU citizens; inclusion in a sense implies exclusion. European Constitutional Law Review, 3: 1-4, 2007 @ 2007 TM GASSER PREss and Contributors DOI: 101017/S1574019607000016

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