European Citizenship in a Constitutional Context: where the ‘social’ coexists with the ‘market’ [Elektronisk resurs]

• The idea behind EU citizenship has been one of fostering deeper integration. Deciphering what it really means to be an EU citizen remains contentious, as the rights protected under EU law seem to vary both in nature and in scope and often depend on cross-border movement and economic activity. This legal fragmentation is at odds with our experience at the national level, where constitutions generally provide that every citizen is entitled to the rights and benefits of citizenship subject to the limits provided for in them. What exactly is the position in relation to EU citizenship within the EU constitutional context? Does the current EU constitutional framework promote inclusive citizenship, embracing a set of fundamental rights and freedoms? And, if it is more than a symbolic gesture, how does EU citizenship reinforce EU constitutional values? Does the binary distinction between market citizenship and social citizenship help us understand the kind of EU citizenship that the EU constitution currently showcases? This policy analysis sheds light on these questions and links EU citizenship to constitutional developments in the Treaties. It also offers a critique of the role of the Court of Justice of the European Union in cementing this evolution through its emphasis on the status of EU citizenship as a fundamental freedom as opposed to merely a free movement right corollary to the internal market principles. In conclusion I argue that EU citizenship is a composite of the ‘social’ coexisting alongside the ‘market’ (sometimes in unequal proportions). Positing the two against each other may produce counterproductive oppositions within the narrative of a concept which is still very much in flux. 

Genre

government publication  (marcgt)