European Court Of Justice and Free Movement of Persons Essay

European Court Of Justice and Free Movement of Persons - Essay Example The move from the European Community to that of European Union was reflected in a number of specific EC Treaty provisions, including the enlargement of competence in the fields of education and culture, and of course the launch of the sacred status of citizenship of the Union2. The Treaty on European Union (here after referred to as TEU or Treaty of Maastricht) has introduced for the first time a systematic concept of citizenship in the Community ambit through Articles 17 to 22 (renumbered after the Treaty of Amsterdam). Article 17 states that Citizenship of the Union is hereby established and that every citizen holding the nationality of the Member State shall be a citizen of the Union. Following the Amsterdam amendment citizenship of the Union shall complement and not replace national citizenship. The rights and obligations emanating from the citizenship of the EU are then specified in the following articles 18-22/ ex-art. 8a-8e. They include the right to free movement and residenc e (art.18), active and passive electoral rights in the municipal elections and elections into the European Parliament (art. 19), right for diplomatic protection (art. 20), petition rights to the European Parliament and right to refer matters to Ombudsman (Art. 21). The actual TEU provisions are contained in a new Part Two of the EC Treaty devoted solely to this topic. However, it is the right of free movement and the right of residence which, as they have been right through the debate on European citizenship, form the foundations of Union citizenship. ... Article 17 states that Citizenship of the Union is hereby established and that every citizen holding the nationality of the Member State shall be a citizen of the Union. Following the Amsterdam amendment citizenship of the Union shall complement and not replace national citizenship. The rights and obligations emanating from the citizenship of the EU are then specified in the following articles 18-22/ ex-art. 8a-8e. They include the right to free movement and residence (art.18), active and passive electoral rights in the municipal elections and elections into the European Parliament (art. 19), right for diplomatic protection (art. 20), petition rights to the European Parliament and right to refer matters to Ombudsman (Art. 21). The actual TEU provisions are contained in a new Part Two of the EC Treaty devoted solely to this topic. However, it is the right of free movement and the right of residence which, as they have been right through the debate on European citizenship, form the fou ndations of Union citizenship. 2 Article 18 EC provides for freedom of movement and residence within the territory of the Member States. Ivo Shlosark refers to the Maastricht Treaty introducing the concept of citizenship into community law as something of a new phenomenon3. Despite the introduction of formal provisions on citizenship the concept itself was hardly a policy innovation of the Treaty of Maastricht4. The concept of citizenship itself was considered from a very early stage in the development of the Communities. Indeed, since the Treaties of Rome (1957) the Community has legislated fundamental rights and provisions inherent in freedom of movement. Historical steps on the way to European citizenship include the Tindemans Report (1975)5, the introduction of direct Parliamentary