Toothless European Citizenship / Šimon Uradnik

the eventuality of losing the status of Union citizen and consequently rights contained therein fell within the scope of Union law. 60 What was, on the one hand, peculiar and unexpectable but, on the other, crucial was the attitude of the Court towards the ‘union element’, which it did not find in a past cross-border movement, hence, in previous economic activity but rather in a potential future exercise of the rights. 61 The same approach was later followed by the Court in Case of Ruiz Zambrano. 62 The sole examination consisted principally of the test of proportionality, the assessment of which was nevertheless left to the Member States with ‘due regard to Union law’ to decide. 63 1.3 From Ideals of Constitution for Europe to Treaty of Lisbon Whilst the Court of Justice laboured on the demarcation of boundaries of Union citizenship, other actors of European integration participated in amending Treaties, primarily on the Constitution for Europe and, may the reader forgive the author for the spoiler, after the failure of ratifications, on the Treaty of Lisbon. 1.3.1 Constitution for Europe and New and Old Horizons The Treaty establishing a Constitution for Europe was meant to, supposed to, and drafted to replace the old community law mysterium of several Treaties by providing one coherent basic law. Where in charge was the Convention on the Future of Europe presided by former French president Giscard d’Estaing, who, in his initial speech, called for affectio societatis 64 of European governments and citizens. 65 Moreover, the Commission found the crucial point of the Constitution in defining citizenship of the Union precisely and in giving it ‘full meaning’ 66 in 60 Ibid 42. 61 Hanneke van Eijken, ‘European Citizenship and the Competence of Member States to Grant and to Withdraw the Nationality of their Nationals’ (2010) Utrecht Journal of International and European Law 69 accessed 5 th March 2023. 62 See Case C-34/09 Ruiz Zambrano [2011] ECLI:EU:C:2011:124. 63 Case C-135/08 Rottmann [2010] ECLI:EU:C:2010:104, paragraph 55. 64 Affectio societatis , as a French legal term, refers to the will of various subjects, natural or legal, to associate in order to share profits and expenses. 65 Willem Maas, Creating European Citizens (Rowman & Littlefield 2007) 83. 66 Commission of the European Communities, ‘Communication from the Commission: A Project for the European Union’ [2002] COM(2002) 247, 3

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