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Union citizenship (EU citizens in Germany)
Everything about EU citizenship from a lawyer specializing in European law.
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what is meant by EU citizenship
whether there is a so-called Union citizenship
which rights apply to EU citizens
Harmonization and EU citizenship
1. Is there such a thing as EU citizenship?
2. Rights arising from Union citizenship
3. EU rights outside the home country
4. Plans for the further development of EU citizenship
5. FAQ
6. Conclusion
1. Is there such a thing as EU citizenship?
Union citizenship is a legally recognized form of membership in the European Union. It complements, but does not replace, the national citizenship of a member state. Anyone who holds the nationality of an EU member state is automatically also a citizen of the Union. This form of membership is enshrined in Articles 20 et seq. of the Treaty on the Functioning of the European Union (TFEU) and forms the basis for a multitude of individual rights. Nevertheless, EU citizenship does not constitute a traditional nationality, as the EU is not a separate state in the sense of international law.
Contrary to popular belief, Union citizenship is not merely a political idea, but a legally enforceable institution . In recent years, it has increasingly developed into an independent status with concrete rights—particularly in the areas of freedom of movement , residence rights, and equal treatment within the Member States.
2. Rights arising from Union citizenship
Union citizenship grants its holders a range of rights that significantly facilitate everyday life in another member state. These include, in particular, the right to freedom of movement , the right to reside in other EU countries, the right to equal treatment, and even the right to vote and stand as a candidate in local and European elections (see Article 20, paragraph 2 TFEU ). In Germany, these rights are largely implemented in the Freedom of Movement Act/EU and are regularly interpreted and protected by national and European courts. The right to vote of Union citizens is usually stipulated in the respective local election laws.
A central element of EU citizenship is the prohibition of discrimination : EU citizens may not be treated less favorably in another member state than the nationals of that state. This applies, for example, to access to the labor market, social benefits, or educational institutions. In Germany, the provisions of the FreizügG/EU (Freedom of Movement Act/EU), last amended in February 2024, serve as the legal framework for the residence of EU citizens. EU citizenship thus assumes considerable importance in everyday life, especially when it comes to access to health insurance benefits or social security benefits.
3. EU rights outside the home country
Union citizenship grants EU citizens comprehensive rights beyond their country of origin. The right to enter and reside in any EU country is just the beginning. Particularly relevant is the possibility of settling in another EU country and working, studying, or starting a business there . Family members often also benefit from EU law, even if they are not themselves EU citizens .
For EU citizens in Germany, this means they do not need a residence permit in the traditional sense, but can rely on the right to freedom of movement . While restrictions are possible—for example, in the case of a lack of employment or inadequate health insurance—they must be well-founded in each individual case and are subject to judicial review. German administrative regulations, such as those in Berlin, specify these rights in practice.
4. Plans for the further development of EU citizenship
The political debate is increasingly focusing on a stronger European identity . This also includes a possible further development of Union citizenship into genuine EU citizenship with expanded rights and responsibilities. Topics under discussion include a uniform voting law, a European social security card, and the possibility of a European citizen service. A European military and the associated responsibilities for EU citizens are also widely discussed.
However, the idea of independent EU citizenship repeatedly encounters resistance, primarily due to national reservations (regarding the sovereignty of EU states) . Even if concrete legislative proposals are not currently being implemented, the issue remains on the European agenda. For legal practitioners, one crucial point remains: existing EU citizenship is already a powerful tool for asserting rights within the EU – particularly in migration law.
5. FAQ EU Citizenship
Who is considered a citizen of the Union?
A citizen of the Union is anyone who holds the nationality of an EU Member State. This nationality automatically confers Union citizenship (see Article 20 TFEU).
What is the difference between citizenship and EU citizenship?
Citizenship is the national belonging to a country. Union citizenship supplements this belonging with rights at the EU level. There is no such thing as a separate "EU citizenship."
What rights do I have as an EU citizen in Germany?
The most important rights include freedom of movement, equal treatment, the right to vote in local and European elections, and the right to social and educational benefits under the same conditions as German citizens.
6. Conclusion EU citizenship
EU citizenship is more than a political symbol – it is a legally enshrined status with far-reaching practical implications for EU citizens in Germany. It guarantees freedom of movement, equal treatment, and participation, and is a central instrument of European integration. For EU citizens coming to Germany, it represents the legal basis for residence, work, and participation. VISAGUARD provides comprehensive information on the requirements and rights of EU citizenship – competent, up-to-date, and legally sound.
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Further Information
List of Sources (Paywall)
[1] NK-AuslR/Thomas Oberhäuser, 2nd ed. 2016, Freedom of Movement Act/EU § 2 Rn. 1-53
[3] migrationsrecht.net, online commentary on the Freedom of Movement Act (FreizügG/EU)
[4] [ Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, FreizügG/EU