Article 17 of the Treaty of Rome states:
"Citizenship of the Union is hereby established. Any person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union is complementary to national citizenship and does not replace it."[1]
This text was introduced into the Treaty establishing the European Community[2] by the Maastricht Treaty in 1992.
Strictly speaking, the Maastricht Treaty is the treaty establishing citizenship of the Union, which, according to the aforementioned provision, is complementary to the citizenship of a member state and does not replace it.
In other words: all citizens of the European Union are, first and foremost, nationals of their respective member states[3].
The Lisbon Treaty changed the text slightly, replacing the idea of complementarity with the idea of addition[4].
In order to understand the importance of European citizenship, it is important to look at the provisions of the subsequent rules of the Treaty of Rome, which we quote below in the version prior to the Treaty of Lisbon, from which the most relevant rules in this area are also reproduced.
These texts, given their clarity, need no explanation. Even if the Treaty of Lisbon is not ratified by all the states of the Union, this will not change the essence of the problem of the connection between Portuguese nationality (and the other nationalities of the other 26 states) and European citizenship. Nor will the major aspects of the reforms which, in terms of fundamental rights, were planned in that treaty change.
Whether or not it is ratified by all states, the Treaty of Lisbon has significantly improved the quality of European citizenship, appealing to a deeper dimension of human rights and putting a stop to the manifestations of xenophobia and racism that, in a sense, could go unnoticed in the phase prior to its approval by the European Council.
European citizenship - which gives citizens special rights in the immense space of the European Union - is not affirmed in isolation, with the essential prerequisite of belonging to one of the nations that make up the Union. What is especially important is that it adds substantial values to national citizenships and is, in itself, an element that levels up all citizens who carry it.
European citizens, with the rights conferred on them by the treaties, are citizens of the countries that make up the European Union, whether or not they reside in European territory. As a result, access to European citizenship necessarily involves being a national of one of the member states.
One of the ways is through the attribution or acquisition of Portuguese nationality by those who are entitled to it.
Treaty of Rome
Article 17 - (...)
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in this Treaty.
Article 18
Every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and in the provisions adopted for its implementation.
If, in order to attain this objective, action by the Community proves necessary, and this Treaty has not provided the necessary powers, the Council may adopt provisions to facilitate the exercise of the rights referred to in paragraph 1. The Council shall act in accordance with the procedure referred to in Article 251.
Paragraph 2 shall not apply to provisions relating to passports, identity cards, residence permits or any other similar document, or to provisions relating to social security or social protection.
Article 19
Any citizen of the Union residing in a Member State other than that of which he is a national shall have the right to vote and to stand as a candidate in municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to the rules adopted by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these rules may provide for derogations where justified by problems specific to a Member State.
Without prejudice to Article 190(4) and the provisions adopted for its implementation, every citizen of the Union residing in a Member State other than that of which he is a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to the rules adopted by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these rules may provide for derogations where justified by problems specific to a Member State.
Article 20
Any citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State on the same conditions as the nationals of that State. Member States shall lay down the necessary rules among themselves and enter into the international negotiations required to guarantee such protection.
Article 21
Any citizen of the Union has the right to petition the European Parliament in accordance with Article 194.
Any citizen of the Union may apply to the Ombudsman established under Article 195 of the Treaty on European Union.
Any citizen of the Union may write to any of the institutions or bodies referred to in this Article or Article 7 in one of the languages provided for in Article 314 and obtain a reply in the same language.
These rules were further developed by the Lisbon Treaty in the following terms:
Lisbon Treaty
Article 18
Within the scope of application of the Treaties, and without prejudice to their special provisions, any discrimination based on nationality shall be prohibited.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt rules to prohibit such discrimination.
Article 19
Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them on the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
By way of derogation from paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt the basic principles of Union incentive measures, excluding any harmonization of the laws and regulations of the Member States, to support the actions of the Member States designed to contribute to the achievement of the objectives referred to in paragraph 1.
Article 20
Citizenship of the Union is established. Any person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union is additional to national citizenship and does not replace it.
Citizens of the Union enjoy the rights and are subject to the duties laid down in the Treaties. In particular, they
The right to move and stay freely within the territory of the Member States;
The right to vote and to stand as a candidate in elections to the European Parliament, as well as in municipal elections in the Member State of residence, under the same conditions as nationals of that State;
The right, in the territory of third countries in which the Member State of which they are nationals is not represented, to enjoy the protection of the diplomatic and consular authorities of any Member State, under the same conditions as nationals of that State;
The right to petition the European Parliament, the right to appeal to the European Ombudsman and the right to address the Union's institutions and advisory bodies in one of the languages of the Treaties and to receive a reply in the same language.
These rights shall be exercised under the conditions and within the limits defined by the Treaties and the measures adopted to implement them.
Article 21
Every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and in the provisions adopted pursuant thereto.
If, in order to attain that objective, action by the Union proves necessary and the Treaties have not provided the necessary powers, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt provisions to facilitate the exercise of the rights referred to in paragraph 1.
For the same purposes as those referred to in paragraph 1, the Council may, acting in accordance with a special legislative procedure, adopt measures relating to social security or social protection if the Treaties have not provided powers for this purpose. The Council shall act unanimously after consulting the European Parliament.
Article 22
Any citizen of the Union residing in a Member State other than that of which he is a national shall have the right to vote and to stand as a candidate in municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised without prejudice to the procedures adopted unanimously by the Council, acting in accordance with a special legislative procedure, and after consulting the European Parliament; these procedures may provide for derogations where justified by problems specific to a Member State.
Without prejudice to Article 223(1) and the provisions adopted for its implementation, every citizen of the Union residing in a Member State other than that of which he is a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised without prejudice to the arrangements adopted by the Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these arrangements may provide for derogations where justified by problems specific to a Member State.
Article 23
Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State on the same conditions as the nationals of that State. Member States shall take the necessary measures and enter into the international negotiations required to guarantee such protection.
The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament, may adopt directives laying down the coordination and cooperation measures necessary to facilitate such protection.
Article 24
The European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, lay down the procedural rules and conditions for submitting a citizens' initiative within the meaning of Article 11 of the Treaty on European Union, including the minimum number of Member States from which the citizens submitting the initiative must come.
Any citizen of the Union has the right to petition the European Parliament, in accordance with Article 227.
Any citizen of the Union may apply to the Ombudsman established under Article 228 of the Treaty on European Union.
Any citizen of the Union may write to any of the institutions, bodies, offices or agencies referred to in this Article or in Article 13 of the Treaty on European Union in one of the languages provided for in Article 55(1) of that Treaty and obtain a reply in the same language.
Article 25
The Commission shall report to the European Parliament, the Council and the Economic and Social Committee every three years on the application of the provisions of this Part. This report shall take account of the development of the Union.
On the basis of these reports, and without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may adopt provisions designed to extend the rights listed in Article 20(2). Such provisions shall enter into force after their adoption by the Member States in accordance with their respective constitutional requirements.
[1] At the time of writing, the Lisbon Treaty had not yet been ratified, nor was it expected to be in a position to enter into force on January 1, 2009,
[2] This is the other name given in the 1957 Treaty of Rome, successively amended by several other treaties.
[3] The European Union (EU) succeeded the European Economic Community (EEC) and the European Community (EC). It comprised 27 member states.
The current name comes from the Treaty on European Union, also known as the Maastricht Treaty.
The member states are Belgium, France, Germany, Italy, Luxembourg and the Netherlands, which founded the Community in 1957. There have subsequently been six enlargements: in 1973, with the entry of Denmark, Ireland and the United Kingdom; in 1981, with the entry of Greece; in 1986, with the entry of Portugal and Spain; in 1995, with the entry of Austria, Finland and Sweden; in 2004 with the entry of the Czech Republic, Cyprus, Slovakia, Slovenia, Estonia, Hungary, Latvia, Lithuania, Malta and Poland; in 2007 with the entry of Bulgaria and Romania.
Norway and Switzerland held referendums in 1972 and 1994 for the former and in 2001 for the latter, but their citizens rejected integration into the Union. Croatia, Turkey and Macedonia were candidates for integration.
[4] Citizenship of the Union is established. Any person who holds the nationality of a Member State is a citizen of the Union. Citizenship of the Union is additional to national citizenship and does not replace it.