EU CITIZENSHIP

Citizenship of any of the EU countries is considered one of the best ones around the world. Many of these have access to almost more than 100 countries with visa-free entry. Each year, in the strongest passport indexes, many EU countries remain at the top positions. This makes all these countries famous and desired places for many to get citizenship.

In 2022, almost 989,000 people acquired citizenship of the EU country where they lived, an increase of around 20% (+163,100 people) compared with 2021. Most of the citizens were issued by Italy (213,700; 22% of the EU total). Spain (181 800; 18% of the EU total) and Germany (166 600; 17%) granted the second and third highest numbers of new citizenships. The top 5 most received EU citizenship countries were Morocco, Syria, Albania, Romania, and Türkiye (source: eurostats).

Here we will see it in a broader prospect and discuss European Citizenship that automatically includes the Schengen Citizenship concept.

Essential Rights and Benefits of EU Citizenship

EU citizenship is automatically granted to individuals holding the nationality of an EU country. While some rights and benefits are governed by national law and may vary between countries, others are derived from EU law and are consistent across all EU nations. These rights cover various aspects of everyday life, including shopping, driving, healthcare, and family matters.

As an EU national, you have the right to reside and travel freely within the EU without facing discrimination based on nationality. Moreover, you are entitled to enhanced consumer protection and, under certain conditions, access to healthcare across the EU.

The EU citizenship rights are outlined in the Treaty on the Functioning of the European Union (Article 18) and the Charter of Fundamental Rights (Chapter V).

EU Citizens’ Rights

• Non-discrimination based on nationality,
• Freedom to move and reside within the EU,
• Voting and candidacy rights in European Parliament and municipal elections,
• Consular protection from any EU country’s embassy or consulate in non-EU countries,
• Ability to petition the European Parliament and lodge complaints with the European Ombudsman,
• Participation in European citizens’ initiatives, advocating for specific legislative proposals,
• Access to communication and responses from any EU institution in the EU’s official languages,

Consular Protection

EU citizens have the right to seek assistance from any EU member state’s embassy or consulate when they are in a non-EU country without representation from their own country. This fundamental right ensures that they receive assistance equivalent to that provided to nationals of the assisting EU country.

Consular protection outside the EU

If an EU citizen’s own Member State doesn’t have an embassy or consulate in the country, they’re in, they’re considered unrepresented. They may also be unrepresented if the local embassy or consulate can’t offer consular protection, perhaps because it’s too far away.

The website offers the contact information for embassies and consulates of other EU members that you may want to get in touch with to ask for help if your nation is not represented. You can find more information here.

Embassies/consulates of other EU Member States offer support in various circumstances:

• Lost or stolen passport or ID card: Issuing emergency travel documents for your safe return.
• Arrest or detention: Guiding local legal systems and assisting in finding legal representation.
• Victim of a crime: Offering assistance and advice on subsequent steps.
• Serious accident or illness: Facilitating communication with insurance providers, family, or friends in case of hospitalization.
• Relief and repatriation in emergencies: Assisting in evacuation during conflicts, natural disasters, or civil unrest.
• In case of Death: Aiding in notifying relatives and managing necessary registration procedures.

Unrepresented EU citizens requiring aid from another EU Member State’s embassy or consulate must verify their identity. If documents are lost or stolen, they can confirm nationality through alternative means. During crises, they should receive comprehensive assistance. The Consular Crisis Management Division of the European External Action Service oversees coordination.
For further insights into EU Member States’ collaboration on consular issues, consult the Council’s website on consular protection.

EU Emergency Travel Document

A specialized form of consular aid involves issuing emergency travel documents, typically in cases of passport loss or theft. In 1996, EU Member States established a unified format for an EU Emergency Travel Document, aiming to assist EU citizens stranded abroad without a travel document in countries lacking their home Member State’s embassy or consulate.

In June 2019, the Council endorsed a Directive on an EU emergency travel document, enhancing rules, format, and security features. This directive simplifies procedures for unrepresented EU citizens in third countries who have lost, stolen, or damaged their passport or travel document. It ensures they receive an emergency travel document from another member state, enabling their return home.

On December 8, 2022, the Commission finalized the technical specifications of the EU Emergency Travel Document. Expected to be accessible to citizens from December 2025, it will comprise a sticker and a passport-sized booklet.

The right to free movement
All EU citizens and their family members can move and live freely within the EU. This right is guaranteed by Article 21 of the Treaty on the Functioning of the European Union and Article 45 of the EU Charter of Fundamental Rights.

The rules for exercising this right are explained in the Free Movement Directive 2004/38/EC:

• EU citizens can reside in another EU country for up to three months with only a valid ID card or passport.
• Extended stays beyond three months require compliance with specific conditions corresponding to the individual’s status (e.g., worker, self-employed, student).
• Permanent residency rights in another EU country are granted after continuous legal residence for five years.
• Family members of EU citizens, including both EU nationals and non-EU citizens, have the right to accompany or join EU citizens, subject to certain conditions or formalities.

The Court of Justice frequently considers EU citizenship and the right to free movement in its rulings.

Further details regarding EU free movement

Following the adoption of the Free Movement Directive, the Commission has issued the following additional documents:

In 2023, the Commission released the “Guidance on the right of free movement of European Union citizens and their families.” This guideline summarizes relevant rulings from the EU Court of Justice from 2009 and offers clarifications on specific issues pertaining to the application of EU free movement regulations. The 2023 guidance replaces the 2009 guidance on improved interpretation and application of Directive 2004/38/EC.

In 2014, the Commission issued a Communication to address concerns regarding alleged marriages of convenience, aiming to assist national authorities in combating potential abuse of the right to free movement.

Family members of EU citizens

Family members of EU citizens, whether EU nationals or individuals from non-EU countries have the right to accompany or join EU citizens in another EU Member State. They may need to meet specific requirements or follow certain procedures outlined in Article 2(2) of the Directive. This article identifies the following as “core” family members:

• Spouse
• Partner in a registered partnership recognized as equivalent to marriage in the host Member State
• Direct descendants (such as children) under 21 years of age or dependent, as well as those of the spouse or partner
• Dependent family members in the ascending line, including parents, as well as those of the partner or spouse

Traveling and staying in a different EU member state

For comprehensive information regarding traveling to and residing in another EU Member State, refer to the following resources:

• YourEurope: A portal offering guidance for EU citizens and their families.
• YourRights: Provides information to assist citizens and businesses in defending their rights.
• Social security rights: Offers information on social security entitlements abroad.

If you believe your right to free movement has been infringed, the most effective recourse is to file a complaint with a national court, as only national courts can provide redress for any harm suffered. Alternatively, seeking legal advice from a local solicitor can be beneficial. Additionally, the EU’s SOLVIT service is available to assist you in resolving any difficulties encountered with your national authorities.

Regulation of residency documents and identity cards

EU citizens often use identity cards for their right to travel freely within the EU and for everyday activities such as dealing with authorities, airlines, banks, or healthcare providers. Residence documents are crucial for proving residency in an EU country, especially for EU citizens and their non-EU family members.

To improve security and combat fraud, Regulation 2019/1157 was introduced. The purpose of this rule is to improve the security elements of identity cards and residency permits that are provided to EU nationals and their families.

Member states have been obliged to issue identity cards and residency paperwork with a secure contactless chip that contains the holder’s fingerprints and photo since August 2021. Depending on their level of security, identity cards that are now in use and do not comply with these new requirements will need to be replaced in five to 10 years.

It’s important to note that the Regulation doesn’t force Member States to issue identity cards, and they have the discretion to decide if holding identity cards should be voluntary or mandatory.

Election rights for EU citizens

EU citizens possess the right to participate in European Parliament elections, whether in their home country or in the EU country where they reside. They can vote and run for candidacy under the same conditions as the nationals of the respective country.

Additionally, EU citizens living in another EU country retain the right to vote and stand as candidates in local or municipal elections within that country, subject to the same conditions as its nationals.