A.A.M. Schrauwen

European Union citizenship in the Treaty of Lisbon: any change at all?

european citizens were the subject of one of the three fundamental questions of the laeken Declaration, which led up to the 2004 iGc: how to bring citizens ‘closer to the european design and european institutions’?1 on this basis, one would have expected the constitutional treaty to contain modifications to the provisions on eu citizenship, but at first glance these changes were not very spectacular. as one Dutch commentator stated, they were merely ‘cosmetic’.2 The iGc mandate for the treaty of lisbon was to draw up a reform treaty with a view to enhancing the efficiency and democratic legitimacy of the enlarged union, as well as the coherence of its external action. The mandate explicitly required that the constitutional concept so central to the 2004 iGc was to be dropped.3 The innovations resulting from the 2004 iGc with respect to the content of the amendments to the existing treaties were, however, to be integrated into the reform treaty. as a consequence, some of the changes with respect to european union citizenship, presumably those that expressed the constitutional idea, have been abandoned in the reform treaty. although apparently cosmetic on the surface, it is submitted here that the changes made to the citizenship provisions support a new direction in eu citizenship: an evolution from a complementary towards a more independent citizenship. below, the treaty of lisbon modifications will be dealt with under three headings. This division draws upon the three dimensions of citizenship – the political, the legal and the psychological

Granting the Right to Vote for the European Parliament to Resident Third‐Country Nationals: Civic Citizenship Revisited

The EU grants rights to third�?country nationals (TCNs) and strives to approximate their rights to those of Union citizens. Up to now, the approximation has extended to social and economic matters. This article investigates whether political rights, notably voting rights for the European Parliament (EP), should also be approximated. To this end, the analysis applies Dahls democratic principles of ‘coercion’ and ‘all affected interests’ as well as Bauböcks principle of ‘stakeholding’ to the position of TCNs in the EU. Against that background, it explores the relevance of arguments for and against granting TCNs the right to vote in European elections and submits that voting rights should be granted to long�?term resident TCNs. The author then proposes including TCN voting rights in the legal framework for EP elections and concludes by suggesting the use of the concept of civic citizenship to express political approximation of TCNs to EU citizens.

Empowering consumer-citizens: changing rights or merely discourse?

Where in the past the orientation of the internal market was always on economic growth through removing trade barriers, the 21st century vision seems to be more impact driven, guided by consumers’ and citizens’ needs, not just from an economic perspective but also in terms of satisfaction of citizenship norms and values such as solidarity, inclusion and sustainability. The re-orientation also reflects on the role of the consumer and the citizen: they should be more active through participation in both the design and the enforcement of economic regulation. A parallel reflection of the re-orientation can be found in the EU ‘empowerment’ discourse linked to the consumer and citizenship concepts, as deployed by the Europe 2020 Strategy. The basic question that feeds this paper is what kind of social and economic governance model is behind the new empowerment tools and strategies? The paper is an initial attempt to explore this new consumer citizen centered governance model and its effects on law making and law enforcement. Putting citizens and consumers in the driving seat differs from the traditional way of decision-making through elected representatives and the traditional perception of consumers and citizens as passive receivers of rights and benefits.

Towards a citizenship of the association? On the future of non-discrimination, preferential treatment and the standstill clauses in th EU-Turkey association regime

This chapter proceeds with a short explanation of choice for the concept of association citizenship and gives an overview of the provisions in the association arrangements that are relevant for progressive inclusion of Turkish nationals in a citizenship framework. It argues that the European Union (EU) citizenship regime should be used as comparator for the position of Turkish nationals under the Association regime. The chapter introduces the concept of substantive equality that is used as a tool to measure progressive inclusion of Turkish nationals in the citizenship framework. It includes the actual analysis of several recent cases on the relevant provisions in the association arrangements. The standstill clauses and the non-discrimination clauses have generated impressive case law of the Court of Justice of the European Union (CJEU). Finally, the chapter answers the question whether association citizenship is an appropriate label under the EU-Turkey association regime and points at future challenges. Keywords: CJEU; EU-Turkey association regime; European Union (EU) citizenship; non-discrimination clauses; standstill clauses; Turkish nationals

Book Review: The Many Faces of Differentiation in EU Lawde WitteBruno, HanfDominik and VosEllen (eds.), The Many Faces of Differentiation in EU Law, Intersentia, 2001, xiii + 390 pages, hardback, € 70.00

Within the EU, differentiation is everywhere. That seems to be the message of this book, which brings together a broad range of academic writings on the subject. In the introduction, the editors indicate two different angles from which differentiation is studied: a substantive (or vertical) angle, and an institutional (or horizontal) one. The two ‘core’ parts of the book follow two chapters dealing with past, present and future developments of differentiation within EU primary law. The book ends with constitutional perspectives on differentiation, and a post-scriptum.