Author: Luigi Moccia
The evolutionary dynamics set in motion since the beginnings of the integration process for an ever closer union among the peoples of Europe, although still far from reaching the goal of the federation of Europe, moves along the direction of empowering the Union’s political and institutional structure and character as an autonomous community of both states and citizens, “founded on the indivisible, universal values of human dignity, freedom, equality and solidarity”, so defined in the preamble of the Charter of fundamental rights of the Union. From this perspective, the central tenet of the paper is that a major and most fruitful integrative factor, of both theoretical value and practical effect, which sets the link between constitutionalisation and democratic legitimation of European Union is (should be) represented by the citizenship of the Union or, in a more emphatic and symbolic way, the European citizenship: being a new kind of citizenship, not referring any longer to a state (territorial) legal order but to an area (including member states territories) without internal frontiers (the so-called area of freedom, security and justice), where European fellow citizens could (as a rule of principle tolerating but a few and limited exceptions) freely move, reside, work, do business and so forth, in absence of constraints and of any form of discrimination on grounds of nationality.
Keywords: Charter of fundamental rights, citizens, European citizenship, EU, Lisabon Treaty
Author: Luigi Moccia
The concept of European citizenship grew in importance as a research topic in the academic and public debates, especially after the entry into force of the Maastricht Treaty. The paper seeks to analyze the featuresof the European citizenship in close relation with core values like dignity, freedom, equality, solidarity andjustice. The European citizenship is also approached from the perspective of its functions within the Europeanintegration process : 1) to operate as a framework legitimising the united Europe; 2) to ensure that private individuals have full legal status; 3) to motivate and reinforce the formation of a European cultural identity; 4)to postulate and justify a capacity to participate in decision-making processes in a European framework on thepart of (groups of) individual citizens, i.e. civil society. From a more technical angle (and not just in terms ofvalue), the benefit of having Union citizenship as a basic reference framework legitimizing the jurisdiction ofCommunity institutions to intervene, through measures of standardization and harmonization above all in thefield of private law, is provided by its nature – as we explained earlier – as a “complement” to nationalcitizenship
Keywords: cultural identity, European citizenship, European Union, fundamental rights, national citizenship