The citizens of the Union and their rights
The legal concept of EU citizenship was first codified in the Maastricht Treaty. Although the concept was not greatly varied in the Lisbon Treaty, Articles 20-25 TFEU created new political and electoral rights, and most importantly, they strengthened the existing rights of movement and residence already protected under the umbrella of EU citizenship by associating them to the prohibition of discrimination on grounds of nationality.
Before Maastricht, the incipient concept of EU citizenship was reserved for those who took part in the internal market. The definition of the recipients of the rights granted by EU citizenship such as worker, service provider or recipient and those with the right of establishment, was determined supranationally and not applicable to those who fell outside the established categories. However, pre-Maastricht cases such as Cowan and Werner show the discrepancies brought about by ECJ rulings when determining who was deemed to be contributing to the market and fell within the parameters of EU law. In Cowan, the European Court of Justice (ECJ) ruled that a British citizen who was robbed in Paris could rely on EC (now Union) law because he was considered a service recipient, while Dr. Werner, a German dentist who practiced in Aachen but whose residence was in the Netherlands was not considered to have sufficient status as an economic migrant, and didn’t qualify.
The pre-Maastricht concept of citizenship associated with the free movement of workers, was linked to commercial purposes and the movement of people to pursue an economic activity, linked to inter-state movement for economic purposes: a market citizenship. The ECJ’s test had three limbs: (i) the exercise of inter-state movement, (ii) the exercise of an economic activity and (iii) the impediment to inter-state movement.