Toothless European Citizenship / Šimon Uradnik

determined regarding Union citizenship by reports brought up by Belgian politician Leo Tindemans, 16 or Mario Scelba 17 as a response to the former. European citizenship itself emerged in legal documents, firstly in 1984, in the draft prepared by the European Parliament on the Treaty on European Union, also known as the Spinelli draft, 18 whereas actual citizenship was implemented eight years later. 1.1 Establishment of Union citizenship by Treaty of Maastricht Citizenship of the Union was legally established only by the adoption of the Treaty of Maastricht — the Treaty on European Union, which came into force in 1993, as abovementioned, in the original phrasing: Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. 19 As it must be evident at first sight from the proposal, at that time, there were no explicit limits of derivativeness, complementarity, or additionality of Union citizenship in relation to the nationality of a Member State; yet, they have been eventually added later in history as a reaction to the resistance of some Member States against, from their point of view, more than deep and rapid European integration. 1.1.1 Denmark’s Referendum and Consequent Rejection of Proposal The first defiant amongst the Member States was Denmark, probably also due to being the first one who efforted to ratify the Treaty of Maastricht; nevertheless, as a result of the national referendum that ended with 50.7% voting ‘no’, 20 the ratification process of the Treaty was rejected. One of the reasons behind this backlash might have been of linguistics since the Danish legal order has typically utilised the word 17 See Mario Scelba, ‘Report on the granting of ‘special rights’ to the citizens of the European Community in implementation of the decision of the Paris Summit of December 1974’ (Proceedings of the Round Table on ‘Special rights and a charter of the rights of the citizens of the European Community’ and related documents 1978) 81 accessed 24 th February 2023. 18 See Altiero Spinelli, ‘Draft Treaty establishing the European Union’ (Bulletin of the European Communities 1984) 11. 19 Treaty on European Union [1992] OJ C 191 TITLE II Article 8. 20 Willem Maas, ‘European Union citizenship in retrospect and prospect’ (2014) Routledge Handbook of Global Citizenship Studies 414. 16 See Leo Tindemans, ‘Report on European Union’ (Bulletin of the European Communities 1975) 26.

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