Toothless European Citizenship / Šimon Uradnik

The outcome was merely a return to the original wording of the Treaty of Amsterdam without mentioning dual citizenship and with the explicit ‘complement and not replace’ phrase. Notwithstanding the concession by the prointegration representatives in the Convention, the ratifications of the Treaty establishing a Constitution for Europe collapsed after two referenda, one in France and the other in the Netherlands. Since, for the Treaty to enter into force, the approval of every Member State was needed, the Constitution has never been passed, and afterwards, the efforts were even abolished. 71 The place was, in the end, taken by the ‘Reform Treaty’ — the Treaty of Lisbon, which resolved the future development of European integration and Union citizenship. 1.3.2 Treaty of Lisbon as Plaster for Wounded Heart of Integration The Treaty of Lisbon has brought on the basis of the Constitution for Europe a new rewording of the provisions regarding citizenship of the Union, thereby replacing ‘complement but not replace’ with ‘be additional to and not replace’. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. 72 To observe nuances between complementarity and additionality, it is indispensable to dive into the preparational documents of the Constitution for Europe again, as the ‘be additional to’ phrase originated there. Between the refusal of the ground-breaking rewording of Union citizenship, as being of a dual character in relation to the Member State’s nationality, mentioned hereinabove, and the retreat in the final text of the Constitution, the Convention formulated another version which comprised the ‘be additional to’ wording. 73 With respect 71 After the rejections in referenda in France and the Netherlands, the Amato Group, containing top European politicians, was to resolve the constitutional/treaty crisis. The key to that was amending the Treaty of Rome, which became the TFEU, and the Treaty of Maastricht, which had already been named TEU; the Charter of Fundamental Rights of the EU was to be enacted to be legally binding. What was left behind from the Constitution was the part about the Union symbols and the original name of the High Representative of the Union for Foreign Affairs and Security Policy as Union Minister for Foreign Affairs. For this purpose, see ACED, ‘A New Treaty and Supplementary Protocols: Explanatory Memorandum’ (7 th June 2007). 72 Consolidated version of the Treaty on the Functioning of the European Union [2012] OJ C 326. 73 ‘Citizenship of the Union shall be additional to national citizenship; it shall not

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