European citizenship and the constitutionalisation of the European Union

Abstract

The concept of citizenship in relatively new legal order of the European Union has its own meaning and dynamics compared to national citizenship. One of the important questions regarding this transnational form of citizenship is how to place this European citizenship in a constitutional context in the European Union. In that context, this thesis, examines the main research question: How does European citizenship affect the process of constitutionalisation of the European Union? This question implies that European citizenship is of a constitutional nature and affects the characteristics of the European Union, transforming from an international organisation cooperating on economic aims towards a more constitutional legal order. Constitutionalisation of the European Union is regarded as the process in which the European Union acquires more features that are commonly found in a constitution, and which is explored through the prism of four constitutional elements: the vertical division of powers, the existence of a common ideology (democracy and fundamental rights), justiciability and constitutional primacy. The effect of European citizenship on each of these constitutional elements is analysed in this thesis.