EU citizenship was introduced by the Maastricht Treaty (1993) and gives every national of an EU member state a set of additional rights beyond their national citizenship. It does not replace national citizenship — it complements it. This chapter also covers the democratic principles underpinning the EU.
1. EU Citizenship — The Basics
Article 20 TFEU: "Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship."
Key point: EU citizenship is automatic — you become an EU citizen by being a national of a member state. You cannot apply for EU citizenship separately. If a country leaves the EU, its citizens lose EU citizenship (as happened with UK nationals after Brexit on 31 January 2020).
2. Rights of EU Citizens
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Free Movement & Residence
Art. 21 TFEU
Right to move and reside freely within the EU. Subject to limitations and conditions set in secondary law (Directive 2004/38/EC — Citizens' Rights Directive).
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Vote & Stand in EP Elections
Art. 22(1) TFEU
EU citizens residing in another member state can vote and stand as candidates in European Parliament elections in their country of residence (not just home country).
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Vote in Municipal Elections
Art. 22(2) TFEU
EU citizens residing in another member state can vote and stand in local (municipal) elections there, under the same conditions as nationals.
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Consular Protection
Art. 23 TFEU
In a third country where a citizen's own member state has no embassy/consulate, they are entitled to consular protection from any other EU member state's embassy.
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Petition & Ombudsman
Art. 24 TFEU
Right to petition the European Parliament. Right to apply to the European Ombudsman concerning maladministration by EU institutions.
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Citizens' Initiative
Art. 11(4) TEU
1 million citizens from 7 member states can invite the Commission to propose legislation. The Commission must consider it but is not legally obliged to act.
Language rights (Art. 24 TFEU): Every EU citizen has the right to write to EU institutions in any of the 24 official EU languages and to receive a reply in the same language.
3. Democratic Principles of the EU
Articles 10–12 TEU set out the democratic foundations of the EU:
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Representative Democracy
Art. 10 TEU
Citizens are represented at EU level by the European Parliament. Member states are represented in the European Council (heads of state) and Council (ministers).
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Participatory Democracy
Art. 11 TEU
EU institutions maintain open, transparent dialogue with civil society. Citizens may participate through the Citizens' Initiative. Consultations on major proposals.
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Political Parties
Art. 10(4) TEU
Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union.
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Transparency
Art. 15 TFEU
EU institutions, bodies and agencies conduct their work as openly as possible. EU citizens have a right of access to documents (Regulation 1049/2001).
4. The Role of National Parliaments
The Lisbon Treaty gave national parliaments a formal role in the EU legislative process for the first time:
Yellow Card
If 1/3 of national parliaments (1/4 for AFSJ (Area of Freedom, Security and Justice)) object that a proposal breaches subsidiarity within 8 weeks, the Commission must review it. It can maintain, amend, or withdraw the proposal — but is not forced to withdraw.
Orange Card
If a majority of national parliaments object (simple majority), and the Commission maintains the proposal, the Council (55%) or EP (majority) can reject it before completing the first reading.
Other Roles
National parliaments receive all Commission proposals directly. They can participate in inter-parliamentary conferences. They monitor Europol and evaluate Eurojust activities.
Has the Yellow Card ever been triggered? Yes — three times: in 2012 (Monti II regulation on right to strike — Commission withdrew), in 2013 (European Public Prosecutor's Office — Commission maintained), and in 2016 (Posted Workers Directive revision — Commission maintained).
5. The EU's Official Languages
| Fact | Detail |
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| Official languages | 24 official EU languages (equal status) |
| Working languages | English, French, and German (in practice, increasingly English) |
| Legal acts | All EU legal acts must be published in all 24 official languages |
| Citizens' right | Any EU citizen can write to institutions in their language and receive a reply in that language (Art. 24 TFEU) |
| CJEU (Court of Justice of the European Union) | Language of proceedings = language of the case; French is the deliberation language |
Key Terms
EU citizenship (Art. 20 TFEU)
Automatic for all nationals of EU member states. Additional to national citizenship. Confers rights to free movement, voting, consular protection, petition, etc.
Citizens' Rights Directive (2004/38)
Implements free movement rights for EU citizens. Provides right of permanent residence after 5 years of continuous legal residence in another member state.
Yellow card procedure
1/3 of national parliaments can trigger a subsidiarity review of a Commission proposal. Commission must respond but can maintain the proposal.
Consular protection
Art. 23 TFEU — if your member state has no embassy/consulate in a third country, any other EU member state's embassy must protect you.
Right of access to documents
Art. 15 TFEU — citizens and residents have the right to access documents of the EP, Council and Commission. Regulated by Regulation 1049/2001.