| Abstract [eng] |
Maastricht Treaty signed on 7 February 1992 introduced citizenship concept into the framework of European Union. European citizenship embodying specific features differs from traditional notion of national citizenship. To be a European citizen one must first be a national of a Member State. Only Member States can lay down the conditions under which individuals acquire and lose nationality and other states must respect this competence. However the central issue of this master’s thesis is not the concept of the European citizenship, but the rights stemming from the citizenship of the Union covered in the Part II of EC Treaty. The establishment of the European citizenship composes an additional sphere of rights to those currently existing in the national and Community sphere. This master thesis focuses on the instruments of the secondary legislation containing provisions, detailing the exercise and limitation of the mentioned rights. One of such fundamental rights is the right to move and reside freely within territory of the Member States. The author stresses that the free movement of persons comprises one of the basis of European Community. For a long time this freedom had been bound to requirement to pursue economic activity. Despite this now every citizen of the Union may enjoy this right outside the economic context. Besides citizens of the Union residing in another Member State of which they are not nationals have the right to participate as voters or as candidates in municipal elections and elections of European Parliament in that Member State. Furthermore they have the right to diplomatic and consular assistance in countries in which they are not represented by their Member State. These rights are exercised on the same conditions, which are applied to the nationals of that Member State. The author of this paper work analyses the common principles applied to the implementation of these rights and presents the limitations. In establishing a citizenship of the Union, the Treaty also provided non-judicial mechanisms for the protection of citizens. By introducing proceedings which are flexible, easily accessible and free of charge, the Treaty enables individual citizens to call on the institutions democratically representing them to defend their interests. |
