The Three Levels of Citizenship within the European Union

Abstract

European Union citizenship is derived from Member State nationality. This fact often has been considered a “birth defect” to be overcome by either disconnecting EU citizenship from Member State citizenship or by reversing the relationship in a federal model so that Member State citizenship would be derived from that of the Union. I argue in this essay that derivative citizenship in a union of states can be defended as a potentially stable and democratically attractive basic feature of the architecture of the EU polity where EU citizenship is perceived of as one layer in a multi-level model of democratic membership in a union of states such as the EU. This perspective is not a defense of the status quo, but rather allows for—or even requires—a series of reforms addressing a number of inconsistencies and democratic deficiencies in the current citizenship regime.Most academics writing about Union citizenship tend to compare it to that which they know best: Nation State citizenship. It then comes as no surprise when they conclude that the current construction of EU citizenship is internally incoherent, externally not sufficiently inclusive, and also lacking in democratic legitimacy. To a certain degree, I agree with this criticism; however, such authors often apply the wrong standard of comparison and therefore are likely to promote faulty solutions. As the EU Treaties clearly have spelled out since the 1997 Treaty of Amsterdam, EU citizenship is complementary or additional to Member State nationality without replacing it. National citizenship is a constitutive element of EU citizenship and therefore cannot serve as an external standard of comparison.