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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