Citizenship of the European Union—A Legal Analysis

Abstract:  The aim of this article is to present a legal analysis of the concept of citizenship of the EU. This concept was considered by some to be embryonic in the original Community Treaties, but was first expressly incorporated into the Treaties by the Treaty on European Union, signed at Maastricht on 7 February 1992. In the case-law of the European Court of Justice, which has given citizenship a content going beyond the express Treaty provisions, the concept is closely related to other basic concepts, including free movement of persons, the prohibition of discrimination on grounds of nationality and the protection of fundamental rights. This article seeks to review the case-law, to disentangle citizenship from other related concepts, and to determine what added value citizenship has brought to the Treaties and what the potential and the proper limits of the concept might be.     

‘Selective Affinities’: The Reactions of the Council of Europe and the European Union to the Second Armed Conflict in Chechnya (1999 – 2006)

This article aims to compare how the main bodies of the European Union and the Council of Europe reacted to the issues raised by the armed conflict in Chechnya: human rights violations; the necessity (or otherwise) of political negotiations between the Chechens and the Russians; and Chechen terrorism. While the requests for political negotiations were quickly dropped by nearly all organs of the Council of Europe (CoE) and European Union (EU), the issue of human rights abuses uncovered a chasm between the legislative and decision-making bodies. The terrorist acts had no impact on either the EU's or the CoE's definition of the conflict in Chechnya, but they did influence EU policy. In sum, this comparison suggests the presence of ‘selective affinities’ between the CoE and EU bodies depending on the issue involved.