Citizenship is usually conceptualized as a unitary and exclusive relationship between an individual and a sovereign state; yet the European Union (EU) has developed the most advanced form of contemporary supranational citizenship. Citizenship of the European Union guarantees EU citizens and most members of their families the right to move, live, and work across the territory of the EU. It also guarantees the right to vote in local and European elections in the member state of residence, the right to consular protection outside the EU when the member state of nationality is not represented, the right to access documents or petition Parliament or the Ombudsman in any of the official languages, and the right to be treated free from nationality-based discrimination. Though on the political agenda since the postwar origins of European integration, EU citizenship was not formalized into EU law until the Maastricht Treaty. Since then, the Court of Justice of the European Union (CJEU) has declared that “EU Citizenship is destined to be the fundamental status of nationals of the Member States” and there are ongoing discussions about the relationship between EU and member state citizenship. In terms of identity, increasing numbers of Europeans see themselves as citizens of the EU, and questions of citizenship are at the heart of debates about the nature of European integration.
Florian Trauner and Ariadna Ripoll Servent
Justice and home affairs (JHA) is one of the most salient policy fields at European Union (EU) level. It deals with issues closely related to the sovereignty of member states including immigration, borders, and internal security. This article takes stock of the policy’s development and current academic debates. It argues that EU justice and home affairs is at a crossroads. Most EU actors underline the value added of European cooperation to tackle transnational threats such as terrorism and organized crime as well as the challenge of international migration. Indeed, the EU has increased its operational cooperation, data-sharing and legislative activities. The EU home affairs agencies, notably the European Police Office (Europol) and European Border and Coast Guard Agency (Frontex), have been substantially empowered. Yet JHA has also become a playing field for those attempting to politicize the European integration process. Therefore, recent years have seen major conflicts emerge that risk fragmenting the EU. These include controversies over the distribution of asylum seekers within the EU and the upholding of rule of law standards in some Eastern European states. Scholars have followed these developments with interest, contributing to a multifaceted and rich literature on aspects such as the dynamics of EU decision-making and the policy’s impact on the member states’ respect for fundamental rights and civil liberties. Promising avenues of further research include the implications of the politicization of the field and the consequences of ever more interconnected internal security databases and technologies.
The question of membership and belonging is widely recognized to have been at the root of many political crises in Africa since independence. The legal frameworks for citizenship were largely inherited from the colonial powers and still show strong affinities across colonial legal traditions. However, most African states have enacted significant amendments to citizenship laws since independence, as they have grappled with issues of membership, aiming to include or exclude certain groups. Substantive provisions have diverged significantly in several countries from the original template. African states have shared global trends toward gender equality and acceptance of dual citizenship. In relation to acquisition of citizenship based on birth in the territory (jus soli) or based on descent (jus sanguinis), there has been less convergence. In all countries, naturalization is inaccessible to all but a few. Manipulation of citizenship law for political purposes has been common, as political opponents have at times been accused of being non-citizens as a way of excluding them from office, or groups of people have been denied recognition of citizenship as a means of disenfranchisement. Moreover, even in states where a substantial proportion of residents lack identity documents, it seems that the rules on citizenship established by law have themselves had an impact on political developments. The citizenship status of many thousands of people living in different countries across Africa remains unclear, in a context where many citizens and non-citizens lack any identity documentation that records their citizenship. The content of the law is arguably therefore less influential than in some other regions. A rapid development in identification systems and the increasing requirement to show identity documents to access services, however, is likely to increase the importance of citizenship law. In response to these challenges, the African continental institutions have developed, through standard setting and in decisions on individual cases, a continental normative framework that both borrows from and leads international law in the same field.