Essay on Sovereignty: Citizenship of European Union

Abstract

The author of this article attempts to identify actual position and possible future of the concept of sovereignty in political structure of the member-states of the European Union analyzing the relation between two legal institutes: the nationality and the citizenship of the EU instituted by the Treaty on the European Union signed in Maastricht in 1992. Sovereignty is defined as an concept about political power based on idea that 'there is a highest political authority in the political community'. The main legal connection between this power (state) and individual is the nationality. If it disappears the whole concept of sovereignty will be strongly undermined and more or less irrelevant. That is why the author of this article is concerned with the legal character of the citizenship of the European Union. Does it represents the legal institute of the same type as the nationality? Does it nullifies, replaces or supplements the nationality of the member state? In other words, does it signify the end of the sovereignty of state or it doesn't? The answer is rather negative. Analyzing the articles 8 to 8e of the Treaty author finds out that the citizenship of the Union, as defined by them, does not refer the relationship between individual and the state of its nationality. As a matter of facts, it grants certain rights to the nationals of the member-states on the territory of other member-states (the right to move and reside freely, the right to vote and stand as candidate at municipal elections and in elections to the European Parliament), rights before other's member-state institutions (the right on diplomatic and consular protection) and rights before the organs of the Union (the right to petition the European Parliament and the right to apply to the Ombudsman). The nationality and the concept of sovereignty are not directly affected. Indirectly, they are. Giving some rights previously reserved for the national to the foreigners, citizenship of the Union is making legal basis for the political community of a new type changing in that way social basis of the concept of sovereignty.