The concept of european citizenship in treatment of the court of the European Union - Реферат

Abstract work THE CONCEPT OF THE EUROPEAN CITIZENSHIP IN TREATMENT OF THE COURT OF THE EUROPEAN UNION Traditionally the citizenship is considered as the steady legal connection of the person with the concrete state, expressing in aggregate of legal rights and duties. However in the second half of the 20th centuries the given concept began to be applied for designation of the special status of the person got by virtue of occurrence of the state whose citizen it is, in the community or the union of states (the Commonwealth, the European Union, the Union of Byelorussia and Russia), united by the common history, culture, heritage and traditions. The given concept of the citizenship the same as traditional, assumes presence of the two key components - recognition of identity (belonging to community) and granting of certain rights [1]. The citizenship of the European Union has been founded by the Maastricht Treaty of 1992, however the term the European citizenship has begun to be used in the documents of institutional structures of the European Community rather earlier. In 1960th the concept the European citizenship was considered especially in social and economic aspect. Developers of the Treaty of establishment of the European economic community of 1957 aspired mainly that national immigration barriers did not interfere with inflow of economically active persons to where their professional skills and enterprise abilities are claimed. In the documents of the European Economic Community there has been specified that freedom of movement of citizens of states - members is not connected with traditional concepts of emigration and immigration, supposing change of residence in connection with impossibility to provide normal conditions of life in the state of origin. The choice by the given persons of the residence on the territory of Community was considered caused by cultural or professional preferences, instead of economic necessity. During this period freedom of movement was treated as personal freedom, one of aspects of the European citizenship. Since 1970th the wider treatment of the concept of the European citizenship was used as the forms of personal identification with the new European Community, not only solving especially economic tasks, but also providing observance of the real political and social rights. The Maastricht Treaty of 1992 has brought in essential corrective amendments to regulations of the Treaty on establishment of the European Economic Community, and has added its text with Part II The Citizenship of the Union. The establishment of the common citizenship for the citizens of states - members was proved with the necessity of strengthening of protection of their rights and interests (the preamble, article In the Treaty of the European Union). During development of the Maastricht Treaty there has been considered the opportunity of giving citizenship of EU to the representatives of the third countries. According to the offer submitted by Spain on February 21, 1991, the European Council was allocated with the right to take measures connected with distribution of action of regulations about the citizenship of the Union to the persons, not being citizens of the states - members (item 3 Article 1). However finally the number of the citizens has been limited by those persons who have the citizenship of the state - member (item 1 Article 17 of the Treaty about the European Community). Thus, the citizenship of EU, being the specific status, nevertheless comes from the citizenship of the state - member. Accordingly, there is no special procedure of its getting or loss. Any changes of the citizenship of the state - member generate the certain consequences and for position of the person within the framework of EU. Thus, loss of citizenship of the country attracts loss of citizenship of the Union if the person simultaneously does not get citizenship of another state - member. Bodies of EU consistently adhere to the principle of free definition by each state of the number of their citizens. According to the Declaration on citizenship of states - members from February 7, 1992, being the Supplement to the Maastricht Treaty, states - members can make declaration that should be considered as citizens of the corresponding country with referring to the purposes of the Community. The position of the Court of the European Communities is based on the fact that according to the international law each state - member of EU independently determines conditions of getting and loss of the citizenship, however it should take into account the positions of the law in the Union. It is specified in the documents, assumes respect of the new concept of the citizenship of EU, and of the fundamental human rights [2]. According to developed judiciary practice the state - the member of the Union cannot limit consequences of granting of citizenship to other state - member by means of introduction of additional conditions for recognitio