EU Citizenship and Fundamental Rights: Contradictory, Converging or Complementary?

Abstract

The complex and dynamic interaction between citizenship and fundamental rights has long intrigued lawyers and political scientists alike. The study of federalism is particularly enlightening in this regard and can guide an appreciation of the status quo under EU law. This paper argues that, in the realm of the latter, citizenship and fundamental rights are neither contradictory nor have they, as the law now stands, converged beyond the rights set out in Part Two of the FEU Treaty and Title V of the EU Charter of Fundamental Rights. While the EU citizenship privilege starts with these rights and evolves through the acts of the legislature, it definitely reaches a peak in the course of their judicial review in the light of fundamental rights. The Court of Justice may be able to revive dormant rights or boost the effectiveness of others, but it remains the constitutional and ordinary legislatures' domain to add to the list of citizenship rights. In turn, the Court can interpret legislation affecting citizenship rights in harmony with fundamental rights or invalidate it for not respecting them, as the case may be. So perceived and at least for the time being, EU citizenship and fundamental rights remain complementary.