Nationality in international law and European Union law

Citizenship is an interdisciplinary issue which falls within both international law, European Union law and national law. It is not possible to present Polish citizenship institutions properly without drawing up the solutions adopted in international law, including EU law.

A characteristic feature of this institution is the fact that at each level of consideration it can be identified separately from other definitions, but they will not be mutually exclusive.

The supranational level has been regulated mainly in the legislation of the Council of Europe and the European Union, while the national level in constitutional and statutory regulations.

In addition to the provisions of international, EU and national law, the analysis of citizenship institutions was also based on the case law of international courts and the European Union and on the views of doctrine.

1. Introduction

In literature, the issue of citizenship in international, EU and national law can usually be addressed separately. This work includes, inter alia, the definition of citizenship characteristic of international law and the definition of European citizenship.

In addition, the genesis of solutions adopted under international law and European Union law has been discussed and the most important legal acts concerning institutions of citizenship in this area have been presented.

Source materials in the form of legal literature, as well as monographic studies, case law, doctrinal positions and other materials not exhaustive fully citizenship issues, however, seem to be relevant to the presentation of the complex structure of the citizenship institution.

The basis for the deliberations is, signed 6 November 1997 in Strasbourg, the European Convention on Citizenship and the Treaty on the Functioning of the European Union from 25 March 1957 1 , supplemented mainly by academic textbooks, as mentioned in the literature of the subject and other acts of international law and the European Union. Such selected materials allow for an in-depth, yet wide-ranging analysis of citizenship institutions.

2. Nationality in international law

Citizenship is not only a legal institution but also a social institution. It is the basis for political and social participation of the state. It is because of the specific functions it performs in the area of law and in society that it is sometimes called "right to have rights" 2 .

Given the wide scope of the institution of citizenship to be analysed, the following considerations will be considered as a legal institution. And here you should distinguish three the main levels of citizenship in national, international and European law.

International, EU and national law have not developed a legal definition of citizenship, but its essence gives the possibility to formulate many doctrinal definitions[3]. The exception may be countries such as the Russian Federation, Ukraine, Latvia, Kazakhstan and Laos, where their legislation has a legal definition of citizenship[4].

Under international law, definitions proposed by international courts and doctrine representatives are more common than in normative acts[5]. Following doctrine, citizenship can be assumed to be a legal node that connects an individual to a state, with that node being relative[6].

This means that this node can be solved because some national laws, including those adopted by Poland, provide for the loss of citizenship.

This relationship is based on an obligation of faithfulness and loyalty of the individual to the state, and with second parties to the obligation to exercise the authority of the State (jurisdiction) over their own citizens, wherever they are[7].

There is no doubt, therefore, that citizenship is primarily for internal law[8]. Its authority is found in constitutional and administrative law. For international law and the European Union citizenship is the basis for individual rights and obligations towards a country whose consequences are reflected in international relations[9].

The main task of international law regulation is to identify general rules on citizenship, harmonise national laws on the acquisition and loss of citizenship, as well as multiple citizenship[10]. The institution of citizenship is inextricably linked to the state as it arises but also falls with it.

Issue of a legal act governing the status of an entity in a State is not dependent on the establishment of a citizenship institution 11 , It also doesn't matter how many files there are. The countries themselves regulate the status of a citizen, including who is entitled to citizenship and who is not, because it is the exclusive competence of the state. This principle is reflected in international jurisprudence and international agreements.

Sources of this principle should be given to decrees on citizenship issued in Tunisia and Morocco in early years 20. The 20th century disputed between France and the UK and concerned decrees setting out the conditions for the acquisition of Tunisian and Moroccan citizenship.

The United Kingdom objected to these acts, which did not agree with their content. The Ambassador of Great Britain has asked the League of Nations for international arbitration on this matter, which has been entrusted to the Permanent Court of International Justice[12].

His task was to answer the question 13 , the substance of which was the term ‘exclusive jurisdiction’ 14 . This case has in international practice taken the view that countries decide for themselves the nationality of individuals and that other countries cannot dispute this unless this regulation is contrary to international law.

Regulation contrary to international law can be referred to, among other things, if citizenship is given in violation of the principle of efficiency, i.e. when citizenship is given to a person who is not actually and directly related to that country.

The foundation of citizenship institutions in international law is adopted 10 December 1948 Universal Declaration of Human Rights which through Article 15 introduced the right to citizenship as a human right.

Its biggest disadvantage is the non-binding nature and the fact that, in the light of the above law, it does not impose any obligations on States Parties relating thereto[15]. However, its provisions are generally accepted by the States Parties.

first The legal legitimacy of citizenship institutions in international law is included in the Hague Convention[16]. It regulates issues concerning the conflict of laws on citizenship. This is not a comprehensive act because it does not fully define the institution of citizenship.

The Convention was divided into chapters: I – General Principles, II – On the permit to leave the family country, III – On the citizenship of a married woman, IV – On the citizenship of children, V – On the adoption and Chapter VI – General and Final Regulation.

Key provisions included regulation Article 1, which indicated that “each State is competent to determine in its legislation who is its citizen.

This legislation should be adopted by other States in order to comply with international agreements, international custom and legal principles generally recognised on citizenship.’ The Hague Convention played a very important role because as first has introduced a number of written rules on international citizenship institutions.

While most of them have lost their status over time, some of them are still used, even if mentioned Article 1.

To years 90. In the 20th century, international agreements (bilateral and multilateral) only regulated part of the issues relating to citizenship[17]. They focused mainly on multiple citizenship and women's citizenship. Their main objective was to prevent the phenomenon of statelessness.

first a comprehensive international agreement governing the institution of citizenship was the European Convention on Citizenship, which was developed within the Council of Europe[18]. It contains formal provisions, i.e. concerning the acquisition, conduct, loss, recovery and certification of citizenship.

Rights and responsibilities of citizens continue to be governed by national law, with the powers of the State not unlimited[19].

However, the European Convention on Citizenship, which was drawn up within the Council of Europe, is of a regional nature.

In its provisions, among others, it refers to the Universal Declaration of Human Rights 20 , Convention on the reduction of cases of statelessness 30 August 1961 and the American Convention on Human Rights 22 November 1969 21 .

It established rules and regulations on citizenship as well as rules on the exercise of the military obligation of multistates. According to Article 2 point (a) „citizenship’ means the legal link between an individual and a State, subject to ethnic origin. No specific rights and obligations arise from this definition[22].

Chapter II of the European Convention on Citizenship contains a number of principles, including:

• citizenship understood as the common domain of the state for granting citizenship, also confirmed in the case law of international courts (STSM, MTS, ETS)[23]. However, the legislator stated that other states must respect national rules, unless they go beyond international agreements, ordinary international law and general principles of law adopted on citizenship (Article 3);
• absolute right of each individual to citizenship (Article 4 point (a) 24 ;
• avoidance of statelessness (Article 4 point (b);
• ban on arbitrary deprivation of citizenship (Article 4 point (c);
• respect for the nationality of spouses (Article 4 point (d);
• non-discrimination based on sex, religion, race, skin color, national origin 25 or ethnic (Article 5)[26].

European Convention on Citizenship through Article 4 point (a), b and Article 5 restricts the internal law of states, since in the regulation of institutions of citizenship, the parties are obliged to provide individuals with the right to citizenship, including the obligation to avoid statelessness and the prohibition of discrimination[27].

Article 4 point (d) introduced the principle of equal citizenship of spouses. The basis for this article was the Convention on the Citizenship of Married Women from 20 February 1957 28 .

Many legal systems, including initially in the Republic of Poland, accepted that any changes in the nationality of the spouse were reflected in the nationality of the wife.

The result of this inequality was the abovementioned convention, which under Article 1 stated that ‘Every Contracting State agrees that the conclusion or termination of a marriage between its national and a foreigner, or the change of nationality of the spouse during the course of the marriage, will not automatically affect the nationality of the wife’.

In addition Article 3 The Convention opened up the possibility of a simplified naturalisation procedure for women and wives. Chapter III regulates the formality of the institutions of citizenship. It contains provisions on how to acquire, lose and regain citizenship, which are general.

International law assumes that citizenship is automatically acquired. In order to acquire citizenship, an entity must fulfil the conditions laid down in the legislation, but outside the naturalisation institution it is not required to make any declaration.

We can distinguish the original and secondary nature of the acquisition of citizenship[29]. They differ in the state stage. first of them means that the State defines a catalogue of persons who acquired citizenship at the time of the establishment of the State[30].

This catalogue usually includes people who lived in the territory of that country at the time of its inception. Secondary acquisition means that the entity acquired citizenship already during the existence of the state.

The most common means of secondary acquisition of citizenship are by law, by administrative act and by reintegration, i.e. regaining citizenship[31].

An interesting systematisation of the creation of citizenship bonds was proposed by Mr Pilich, who distinguished the original and subsequent acquisition of citizenship, and regardless of the individual's will and voluntary acquisition of citizenship[32].

The acquisition of citizenship by law can be divided into the principle of blood law (ius sanguinis) and the principle of earth law (ius salt). Blood law is characterised by the fact that a child born from a national of a given country acquires at the time of birth the nationality of the State of nationality of the parent. On the other hand, land law means that a child born on the territory of a given country acquires this citizenship at birth.

The Genesis of Earth Laws can be seen in the medieval principle of individual attachment to earth[33]. first the rights prevail in Europe, second in North and South America[34].

Very often countries such as Poland, France, Italy, Japan 35 allow the use of these two forms of acquiring citizenship simultaneously, with the principle of blood law generally prevailing.

The acquisition of citizenship on the basis of an administrative act, so-called naturalisation, is understood as granting citizenship by the competent authority[36]. Usually, the acquisition of citizenship through naturalisation is subject to a number of conditions[37].

The only limitation to naturalization is that citizenship cannot be given to an individual against her will.[38].

Article 6 The European Convention on Citizenship points to traditional ways of acquiring citizenship, including: blood law (ius sanguinis) ; land law (ius salt) ; the possibility of naturalisation of ordinary simplified.

Article 6(3), in which naturalisation is mentioned as a means of acquiring citizenship, it is associated with so-called effective citizenship.

Under the provisions of this Article, naturalisation shall be granted to persons legally and permanently resident in the territory of the State of the Party, the conditions for naturalisation shall not cover periods of residence exceeding 10 years before submitting the application.

It follows that the possibility of naturalisation prohibits the granting of citizenship to a person who is not effectively associated with the State.

On the other hand, under Article 6(4) The possibility of simplified naturalisation is envisaged for spouses, their own children and adopted children, persons born on the territory of the State of the Party who have legal and permanent residence and stateless persons (apparats) and refugees.

The internal law of the State determines how citizenship is lost. However, the loss of citizenship cannot be done by law (ex lege) or by the State (Article 7), except:

• – the voluntary acquisition of foreign citizenship, which shall take place at the request of the entity concerned. States Parties may also decide to waive citizenship from their permanent residence abroad (possibility to extend loss to children);
• – the acquisition of nationality in violation of the law, including as a result of fraud, false information or concealing relevant information on citizenship (possibility to extend loss to children);
• – undertake military service in a foreign military;
• – actions threatening the interests of States Parties 39 ;
• –lack of effectiveness of citizenship (possibility to extend loss to children);
• – the finding that the grounds for granting citizenship to the child are no longer fulfilled;
• – adopting a child.

States Parties may not deprive the nationality of persons who would be threatened by statelessness. The exception to this rule is that an entity has acquired the nationality of a State Party as a result of fraud, false information or concealing relevant information relevant to that nationality.

Chapter IV regulates the basic procedural requirements relating to the acquisition, conduct, loss, recovery and certification of citizenship.

These include: settling applications within a reasonable period of time (Article 10), the written nature of the reasoned decision (Article 11), right to an appeal against a decision — administrative or judicial appeal (Article 12), provisions on fees to be reasonable and not preventing the applicant (Article 13).

Chapter V, in turn, regulates the issue of multiple citizenship[40]. International law does not prohibit possession of more than one citizenship or lack of any citizenship, but seeks to avoid statelessness.

However, double citizenship is considered to be detrimental to the individual and undesirable as it may lead to conflicts of rights and obligations of the individual[41]. Usually, dual citizenship is caused by legal acts of private family law[42].

The predecessor of Chapter V of the European Convention on Citizenship was the Convention on the Elimination of Double Citizenship 43 , which in its assumptions was less liberal than the European Convention on Citizenship.

Under the European Convention on Citizenship, States Parties are required to permit the maintenance of dual citizenship of children who have acquired them automatically at birth and to have dual citizenship resulting from the conclusion of a marriage (Article 14). In accordance with the principle that citizenship is the exclusive domain of states, the European Convention on Citizenship indicates that States Parties are competent in regulating other cases of multiple citizenship (Article 15), Whereas they cannot make the acquisition or conduct of citizenship conditional on the surrender or loss of foreign citizenship, provided that it would be impossible to renounce or lose, or their request would be unreasonable (Article 16).

In addition, the European Convention on Citizenship introduced three rules on multi-states, namely:

• – nationals of States Parties with multiple citizenship should be trampled on an equal footing with persons with only the nationality of the State Party (Article 17(1));
• – The European Convention on Citizenship is without prejudice to the provisions of international law relating to diplomatic and consular care (Article 17(2) point (a);
• – The European Convention on Citizenship is without prejudice to the provisions of private international law (Article 17(2) point (b).

International practice has developed two how to resolve conflicts related to multiple citizenship. first of them, also adopted in the Republic of Poland, states that the state treats bipatrada as its own citizen regardless of second Citizenship – this is the so-called principle of exclusive citizenship[44].

However, this principle does not eliminate multiple citizenship[45]. The principle of exclusivity of citizenship is linked to one of the oldest standards of international law on citizenship[46].

I'm talking about Article 4 The Hague Convention, which indicates that ‘the State cannot perform diplomatic care in favour of one of its citizens in relation to a country of which it is also a citizen." A certain deviation from this article was the practice of the Iranian-American Court in The Hague[47].

second the way it points to the principle of the effectiveness of citizenship. She found her binding on Nottebohm 48 , in which the MTS presented a comprehensive concept of effective citizenship.

They are understood as follows: “Citizenship is a legal node based on attachment, efficiency, and feeling, combined with reciprocity of rights and obligations.

It is a legal expression of the fact that the person to whom it was given either by law or by act of power is actually more closely related to the population of the State which gives it citizenship than to the population of another State.

The nationality conferred by the State gives the State the title to exercise protection over it in relation to another State only when it translates into a legal attachment to the State which made it its national." 49 .

The other chapters of the European Convention on Citizenship are:

• Chapter VI (Article 18-20), which regulates the succession of states and the attitude towards institutions of citizenship, and its aim is to avoid the phenomenon of statelessness. This chapter was a novelty, as it was not binding in earlier acts of international law.

Article 18 introduces a number of rules on the succession of states in matters of citizenship, including compliance with the principles of the rule of law, human rights and principles resulting from Article 4(5) European Convention on Citizenship. In addition, the Convention, when deciding on the nationality of individuals in succession, obliges States to take into account the effectiveness of citizenship, their permanent residence, the individual's will and its territorial origin;

• Chapter VII (Article 21-22) regulates military duties in cases of multiple nationality. According to Article 21(1) the military obligation must be fulfilled to one countries of nationality; — Chapter VIII (Article 23-24) regulate cooperation between States Parties, mainly resulting in an information obligation; — Chapter IX (Article 25-26) It concerns the application of the European Convention on Citizenship. According to its provisions, the State Party may be excluded from the application of the Military Obligation Chapter; — Chapter X (Article 27-32) are final provisions.

2. European Union citizenship

The literature points out that "EU citizenship meets the traditional three-member definition of citizenship, consisting of membership of a democratic political community, common interests and rights, participation in social, political, economic processes within the community" 50 .

Citizenship of the European Union is also a personal bond (for natural persons who belong to one of the Member States), mutual (including mutual rights and obligations), accession (complementary) and subsidiary, dependent (does not exist without national citizenship)[51].

In doctrine, the terms “European citizenship” and “EU citizenship” can be found, and these concepts should be considered synonymous[52].

Citizenship in the European Union for the time being first was taken in years 70. 20th century This was due to the fact that the founding treaties 53 were of an economic nature. The idea of citizenship of the European Union has evolved with the progressive integration of Member States.

At first, he was not given a significant legal meaning, explaining that he was not a part of the European identity[54]. It is now a separate legal institution, which is empowered in the common European Union law.

It was formally established by the Maastricht Treaty 55 , reinforced successively by the Treaty of Amsterdam 56 , Treaty of Lisbon 57 and the Charter of Fundamental Rights of the European Union[58]. Until the formal establishment of citizenship of the European Union, it can be said that the Union has developed a "market citizenship" 59 .

The relationship between this type of citizenship and the citizenship of the European Union, established in years 90. The 20th century, it was very dynamic. It led to the gradual formation of a full form of citizenship of the European Union.

The development of the institutions of citizenship of the Union was based on the case law of the TEU, including ‘(...) Cowan, Gravier, Luisi and Carbone (as part of market citizenship) and Martinez Sala, Bickel and Fanz, Collins, Zhu and Chen or Zambrano (as part of EU citizenship) 60 ”.

A breakthrough for EU citizenship institutions was the Van Gend en Loos case 26/62 61 , where the TEU has recognised nationals of Member States as entities of Community law. The consequence of this case was a change of approach to citizens, including:

• – the need to safeguard the fundamental rights of nationals of Member States;
• – the democratic legitimacy (sourced by nationals of the Member States) of Community law;
• – establishing rules governing the relationship between the European Union
• – citizens of Member States who have been responsible for the transfer of part of their national competences, including citizenship, to the institutions and bodies of the European Union[62].

Over the years, the integration of the European Union has deepened. The Union has increasingly influenced the legal situation of nationals of Member States. The need to change the nature of the organisation from economic to political to social was noted. The result of this was the July report on ‘Towards European Citizenship’.

1975 This document provided for the establishment of an institution of European citizenship, provided civil, political and social rights, and provided for passports for nationals of Member States.

A few months later, In December 1975 A "Report on the European Union" was announced by Belgian Prime Minister Leo Tindemans, which included Chapter IV on European citizenship.

The results of these documents were, among others, first direct elections to the European Parliament In 1979 Another consequence of these reports was the introduction of In 1981 a uniform model passport for nationals of Member States. Finally, the institution of European citizenship was introduced under the Maastricht Treaty.

The Declaration annexed to the Treaty on Citizenship in the Member States indicates that ‘the question of having ... citizenship (...) is decided on the basis of the national law of the Member State concerned’. The dynamic development of European Union law has extended the rights of citizens of the Union over time.

The Treaty of Amsterdam introduced a provision to Article 17, which stated that ‘the citizenship of the Union does not replace the nationality of a State but complements it’. This was due to the fact that Member States were concerned about the impact of Union citizenship on national citizenship[63].

Moreover, the Treaty of Amsterdam introduced the right of citizens to address the institutions in one of the official languages of the European Union and the Schengen acquis. Treaty of Nice 64 has not made major changes to Union citizenship.

On the other hand, 7 December 2000 The Charter of Fundamental Rights of the European Union was proclaimed, which confirmed that civil rights belong to the Charter. Despite attempts to incorporate the Charter of Fundamental Rights of the European Union into European law, this has not been successful in a long time.

It was only the Treaty of Lisbon that made this Charter work equal to the Treaties. It was not included in the Treaties themselves, but remained a separate document of the same legal force.

The institution of citizenship of the European Union has been regulated in the TFEU worth. 20-25, and the Charter of Fundamental Rights of the European Union under Article 39-46, which duplicates the provisions of the TFEU by adding the right to good administration.

The concept of citizenship of the European Union is closely linked to the concept of human rights[65]. The examination of the Treaty on European Union and the TFEU makes it possible to conclude that its citizens, who are the source of its legitimacy, are at the centre of the European Union's interest.

first References to the institutions of citizenship are made under Article 1 The Treaty on European Union, which states that decisions will be taken in accordance with the principle of openness and as closely as possible to citizens.

Article 3 speaks of the European Union's provision of an area of freedom, security and justice without internal borders. The aim of abolishing internal borders is to free movement of persons.

Title II of the Treaty on European Union, ‘Decisions on democratic principles’, includes the definition of citizenship of the European Union.

Article 9 states that ‘In all its activities, the Union shall respect the principle of equality between its citizens, who shall be treated with equal attention by its institutions, bodies, offices and agencies. A citizen of the Union shall be any person with the nationality of a Member State.

Citizenship of the Union shall be additional to and shall not replace national citizenship.’

In the TFEU, part of the second ‘Non-discrimination and citizenship of the Union’ under Article 20 (old Article 17 The Treaty establishing the European Community) indicated that:

„1. Citizenship of the Union shall be established. A citizen of the Union shall be any person with the nationality of a Member State. Citizenship of the Union shall be additional to national citizenship without replacing it.

2. Union citizens shall enjoy the rights and be subject to the obligations laid down in the Treaties. They shall, inter alia, have the right to:

• (a) free movement and residence in the territory of the Member States;
• (b) voting and running in elections to the European Parliament and in local elections in the Member State of residence on the same conditions as nationals of that State;

(c) use in the territory of the State third, where the Member State of which they are nationals does not have their representation, from diplomatic and consular protection of each of the other Member States, under the same conditions as nationals of that State;

(d) petition the European Parliament, appeal to the European Ombudsman and address the Union's consultative bodies and bodies in one of the languages of the Treaties and receiving a reply in the same language.

Those rights shall be exercised on the terms and within the limits laid down by the Treaties and the measures adopted in application thereof.’

The abovementioned catalogue of the rights of citizens of the European Union is not closed, as citizens' rights can be found among others.

Under Article 15 The TFEU, which refers to the right of access to documents of the EU institutions, in provision 24, paragraph numbered 4, which states the right to direct letters in the official languages of the European Union (right to good administration) or under Article 24, paragraph numbered 3, and Article 228, which provides for the right to complain to the Ombudsman of the European Union.

As regards responsibilities to the European Union, it is not clear what the legislator meant. It is therefore recognised that the European Union does not impose any obligations on its citizens but only grants them rights.

In order to promote active citizenship of the Union, a number of programmes and initiatives have been created that can be seen in areas such as civil society or culture and education. The most famous are the Europe for Citizens Programme, which was created by Decision No.

Directive 1904/2006 The European Parliament and the Council 12 December 2006 establishing a Europe for Citizens programme to promote active European citizenship for years 2007-201366. Other forms may include the establishment of a European Year of Citizens 2013, which was established by Decision No.

of the European Parliament and of the Council Regulation (EU) 1093/2012/ EU 21 November 2012 on the European Year of Citizens (2013)[67]. The European Union’s civil rights institution is the European Ombudsman, also called the ombudsman[68].

3. Summary

Citizenship as an institution of international law primarily serves to define the general framework on the basis of which national laws are based. The sources of institutions of citizenship in international law can already be seen in the 19th century, but it became particularly important in the early 20th century. Political and social change has led to legislation such as the Hague Convention, the Convention on the Citizenship of Married Women and the European Convention on Citizenship.

Although some of the provisions contained in them have become obsolete, they have been a benchmark for citizenship standards and a basis for subsequent legislation in this area. Thanks to the deepening awareness of the role played by the institution of citizenship in international law, this issue has been and is constantly sanded to develop the most optimal form.

The European Convention on Citizenship is currently the most current legal instrument governing the institution of citizenship in international law – it is the most extensive international law on the subject.

It contains to a large extent the solutions developed over the years, and it also introduces new ones – related to the ongoing political and social changes. A separate issue is the citizenship of the European Union, which complements national citizenship.

While the institution of citizenship in international law has a wide territorial scope and sets general standards in this respect, with no country having to apply the above measures, and no sanctions exist for non-compliance with international obligations in this area, the citizenship of the European Union applies exclusively to the Member States of the Union and is of a special nature.

It is a new kind of connection between citizens of the Member States of the European Union, which aims to deepen the European identity. The establishment of institutions of citizenship of the Union did not impose any obligations on nationals of Member States, but they received rights.

Failure by Member States to comply with the provisions on the rights of citizens of the European Union may result in sanctions against them.

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47„In 1984 The Iranian-American Court of Claims found that it had jurisdiction over claims against Iran filed by dual citizens and Iran and the USA, if the dominant and effective citizenship of the applicant of the claim at the relevant time from the date of the claim to 19 January 1981 was U.S. citizenship.

(...) In determining the dominant and effective citizenship, the Court will consider all relevant factors, including the place of residence, the location of the main interests, family ties, participation in public life and other evidence of belonging”, W. Czapliński, A. Wyrozumska, Law..., op. cit., p. 245.

48 ICJ Reports 1955.1.

49 Right... ed. P. Daranowski, J. Polatyńska, op. cit., p. 9.

50 R. Sinner, two narrations on EU citizenship – Market citizen and European Union citizen [in:] Modern concepts of protection of freedom and fundamental rights, Wrocław 2013, p. 185.

51 J. Barcik, A. Wentkowska, European Union law after the Treaty of Lisbon, Warsaw 2011, p. 299.

52 J. Barcik, A. Wentkowska, European Union Law, Warsaw 2014, p. 93.

53 Treaty establishing the European Coal and Steel Community 18 April 1951 and the Treaty establishing the European Economic Community, 25 March 1957

54 A. Bodnar, Citizenship of the European Union and the protection of fundamental rights of nationals of Member States, OIDE notebooks 9, Seymowe Publishing House, Warsaw 2008, p. 50.

55 Treaty of Maastricht on the European Union 7 February 1992 (Official Journal of the European Union C, No. 191 to 29 July 1992).

56 Treaty of Amsterdam of 2 October 1997, amending the Treaty on European Union, Treaties establishing the European Communities and certain related acts (Official Journal of the European Union C, No. 340 to 10 November 1997).

57 Treaty of Lisbon 13 December 2007, amending the Treaty on European Union and the Treaty establishing the European Community (Official Journal of the European Union C, No. 306, 17 December 2007).

58 The Charter of Fundamental Rights of the European Union 7 December 2000 (Official Journal of the European Union C, No. 303, 14 December 2007).

59 R. Sinner, two…, op. cit., p. 179.

61 Judgment of the Court of Justice of the EU 5 February 1963 on 26/62 Van Gend en Loos.

62 I. Skomerska-Muchowska, A. Wyzozumska, Citizen of the Union, Warsaw 2010, p. VI-2.

63 I. Skomerska-Muchowska, A. Wyzomuska, Citizen..., op. cit., p. VI-9.

64 Treaty of Nice with 26 February 2001, amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts (Official Journal of the European Union C, No. 80 to 10 March 2001), p. 1-87.

65 J. Barcik J., A. Wentkowska, Union Law..., op. cit., p. 94.

68 J. Misiuna, citizen of the European Union [in:] Basic knowledge of the European Union, ed. E. Latoszek, A. Stępniak, Sopot 2014, p. 241.