Union citizenship and language rights
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Peter Hilpold
Abstract
The concept of Union citizenship, officially introduced into European Community law in the Treaty of Maastricht, has evolved with breathtaking speed, transforming itself into an important instrument for the reconceptualization of the European Community legal order. The European Court of Justice (ECJ) judgment in Bickel and Franz (1998) touched on language rights. As the concept of citizenship came to be qualified as what the Grzelzcyk judgment (2001) called the “fundamental status of nationals of the Member States”, it seemed only a matter of time before the principle of linguistic diversity would be further buttressed by the concept of Union citizenship. Although in the Kik case the Court of First Instance (2001) and the ECJ (2003) did not take up this challenge, it seems very likely that the concept of Union citizenship will prove highly relevant to the protection of linguistic diversity within the European Union in the future.
Abstract
The concept of Union citizenship, officially introduced into European Community law in the Treaty of Maastricht, has evolved with breathtaking speed, transforming itself into an important instrument for the reconceptualization of the European Community legal order. The European Court of Justice (ECJ) judgment in Bickel and Franz (1998) touched on language rights. As the concept of citizenship came to be qualified as what the Grzelzcyk judgment (2001) called the “fundamental status of nationals of the Member States”, it seemed only a matter of time before the principle of linguistic diversity would be further buttressed by the concept of Union citizenship. Although in the Kik case the Court of First Instance (2001) and the ECJ (2003) did not take up this challenge, it seems very likely that the concept of Union citizenship will prove highly relevant to the protection of linguistic diversity within the European Union in the future.
Chapters in this book
- Prelim pages i
- Table of contents v
- Preface vii
- Introduction: Respecting linguistic diversity in the European Union 1
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Part 1. Factual and theoretical approaches
- Linguistic diversity as curse and as by-product 17
- Linguistic diversity in the European Union: An overview 47
- Principles of policy evaluation and their application to multilingualism in the European Union 73
- A one-dimensional diversity? European integration and the challenge of language policy 85
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Part 2. Protection of linguistic diversity in EU law
- Union citizenship and language rights 107
- EC law and minority language policy: Some recent developments 123
- The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights 145
- The protection of linguistic diversity through provisions of the EU Charter other than Article 22 175
- Languages that are official in part of the territory of the Member States: Second-class languages or institutional recognition in EU law? 191
- Appendix 231
- Contributors 261
- Index 265
Chapters in this book
- Prelim pages i
- Table of contents v
- Preface vii
- Introduction: Respecting linguistic diversity in the European Union 1
-
Part 1. Factual and theoretical approaches
- Linguistic diversity as curse and as by-product 17
- Linguistic diversity in the European Union: An overview 47
- Principles of policy evaluation and their application to multilingualism in the European Union 73
- A one-dimensional diversity? European integration and the challenge of language policy 85
-
Part 2. Protection of linguistic diversity in EU law
- Union citizenship and language rights 107
- EC law and minority language policy: Some recent developments 123
- The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights 145
- The protection of linguistic diversity through provisions of the EU Charter other than Article 22 175
- Languages that are official in part of the territory of the Member States: Second-class languages or institutional recognition in EU law? 191
- Appendix 231
- Contributors 261
- Index 265
