THE POSITIVES AND
NEGATIVES OF
CITIZENSHIP
Estella Baker
ebaker@dmu.ac.uk
CONTENTS
• “Civis europeus sum”;
• Overview –rights of the defence & for
victims (“positives”);
• Relationship to citizenship (“negatives”);
• Concluding observations
“CIVIS EUROPEUS SUM”
“In my opinion, a Community national who goes to another
Member State… is… entitled to assume that, wherever he
goes to earn his living in the European Community, he will
be treated in accordance with a common code of
fundamental values, in particular those laid down in the
ECHR. In other words, he is entitled to say 'civis europeus
sum' and to invoke that status in order to oppose any
violation of his fundamental rights.”
(Case C-168/91 Konstantinidis, Opinion of AG Jacobs, paragraph 46)
EC LAW DOCTRINE OF
FUNDAMENTAL RIGHTS
“the Court draws inspiration from the constitutional
traditions common to the Member States and from the
guidelines supplied by international treaties for the
protection of human rights on which the Member States
have collaborated or of which they are signatories. The
ECHR has special significance in that respect. It follows
that the Community cannot accept measures which are
incompatible with observance of the human rights thus
recognised and guaranteed.”
(Case C-260/89 ERT, paragraph 41)
FUNDAMENTAL RIGHTS
PROTECTION UNDER THE TEU
• General principles of Union law: Article
6(3) TEU(L);
• The Charter: Article 6(1) TEU(L);
• ECHR accession: Article 6(2) TEU(L)
• Note: Article 218(8) TFEU
FREE MOVEMENT LAW &
DEFENDANTS
• Case C-274/96 Bickel & Franz: nondiscrimination;
• Case C-193/94 Skanavi, Case C-348/96
Calfa: proportionality;
• Case C-299/95 Kremzow: fundamental
rights
FREE MOVEMENT LAW &
VICTIMS
• Case 186/87 Cowan, Case C-164/07
James Wood: non-discrimination;
• Case C-265/95 Commission v French
Republic (“French Farmers”): law
enforcement
UNION LEGISLATION ON
VICTIMS’ RIGHTS
• Council framework decision 2001/220/JHA;
• Council directive 2004/80/EC;
• Roadmap for strengthening the rights &
protection of victims;
• Directive 2012/29/EU (etc..)
UNION LEGISLATION ON
DEFENCE RIGHTS
• Roadmap on strengthening procedural
rights;
• Stockholm Programme;
• Directive 2010/64/EU, Directive
2012/13/EU…
SO FAR; SO GOOD!
But…
ISSUES OF CITIZENSHIP
• “Citizen of the Union”: Articles 20-25
TFEU;
• “Some citizens are more citizens than
others”: Case C-13/08 Rottmann, Case
C-66/08 Kozlowski
THE CITIZENSHIP DIRECTIVE
• Directive 2004/38/EC;
• Case C-145/09 Tsakouridis;
• Case C-348/09 PI
PROTECTION UNDER THE
CHARTER
• Field of application;
• Case C-617/10 Fransson, Opinion of
AG Cruz Villalón
•
•
•
•
Article 47: effective remedy & fair trial;
Article 48: presumption of innocence & right of defence;
Article 49: principles of legality & proportionality;
Article 50 ne bis in idem
SOME CONCLUDING
OBSERVATIONS
• A suitcase of rights to take on holiday?
• “Civis europeus sum” –a case of
“pushmi-pullyu”?
THANK YOU FOR LISTENING!