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





iary practice the state - the member of the Union can not limit consequences of granting of citizenship to other state - member by means of introduction of additional conditions for recognition of this status in connection with maintenance of realization of the fundamental rights and freedom stipulated by the Treaty [3]. If the citizen of the state - member simultaneously has citizenship of the third country, the other state - the member of the Union can not coordinate recognition of the citizen of EU to constant residing on territory of the first state [4]. Similarly refusal to citizens of other state - member in application of rights and freedoms, given right EU, is not supposed only on the ground that the citizenship of the Union has actually been got with the unique purpose - to provide to the citizen of the third country the right on constant residing [5] .is necessary to take into account, that before introduction of the citizenship of the Union the Court specified inadmissibility of various manipulations with citizens of state - members depending on time and way of getting by them of the citizenship [6]. At the same time it is rather symptomatic, that within the framework of EU any attempts of establishment of minimal standards or realization of harmonization of the legislation of states - members in the sphere of citizenship have not been undertaken. The treaty about the European Community (Part II) contains the list of the rights of the citizen of the Union, including the right to free movement and residing on the territory of the state - members (item 1 Article18); the right to participate in vote and to be the candidate at municipal elections and at the elections to the European Parliament to the other state - member of the Union on whose territory he resides (Article 19); the right to use protection on the part of diplomatic or consulates of any state - member in the third country where he resides, in case of absence of representation of the country of the citizenship (Article 20). The stipulated in Article 21 right to application can not be considered as the specific right of the citizen of EU as any physical or legal person residing or registered on the territory of the state - a member of the Union possesses it.of increase of the number of rights given to the citizens of the Union, and expansion of their contents are stipulated in the Treaty. On the basis of the unanimous decision adopted at the offer of the Commission and after consultations with the European Parliament, the Council is competent to adopt special positions with the purpose of strengthening and additions of the stipulated rights (item 2 Article 22) .the documents there has been repeatedly emphasized, that the status of the citizen of EU assumes the limited set of rights [7] and has extremely passive character as does not provide obligations relating to the Union, and rights connected with participation in management of EU [8]. The originality of this status is that it is based on the concept of freedom of movement. The citizenship of the Union becomes effective only when the person moves to another country. In case of residing in the country of the state belonging the citizenship of EU does not play any essential role. The status of the citizen of the EU is admitted by the third countries, however, as a rule, generates the certain rights only on the territory of state - members of EU.the first years after coming into force of the Treaty of тисячі дев'ятсот дев'яносто-дві the Court of the European Communities did not practically apply to the concept of the citizenship of the Union, however subsequently it has got practical value, in particular in the context of realization of the right to freedom of movement and of the principle of interdiction of discrimination [9 ]. The modern decisions of the Court contain the wide treatment of the freedom of movement basing on constituent character and the direct action of Article 18 of the Treaty about the European Community and interpretation of regulations of the secondary right of the Union in view of the European citizenship. For the first time the Court has applied the concept of the European citizenship in the decision on the case Martinez-Sala from May 12, 1998. [10] in which there has been formulated the principle of equal manipulation with the citizens of other states - members residing legally on the territory of the state - member of Community including access to the social blessings [11] .this case the Court of EU faced the question, whether the right of the Community interferes with the state - member to demand from the citizen of another state - member granting of the sanction of residing for reception social privileges. They meant the citizen of Spain, residing legally in Germany who was refused in getting birth grant in connection that on the event of application with the petition she did not have the sanction to residing, but there was a document co...


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