EU Citizenship Needs a Stronger Social Dimension and Soft Duties
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the case of some welfare benefits are the national rights of citizenship isopolitical, e.g. when they allow any citizen to freely move and to enjoy whatever services – say health care – are provided at the local level, based on
choices made by subnational authorities. In the historical federations, sympolitical social rights made a later appearance and still play a lesser role
compared to unitary states: federated units have preserved substantial autonomy, especially in health care, social services and assistance. Here the federal government limits itself to guaranteeing free movement and
nondiscrimination.8
What about EU citizenship? If we exclude some political rights (most
notably the right to elect the European Parliament), EU citizenship is almost
entirely isopolitical. It is derivative from national citizenship and basically
entitles its holders to be treated as equals when they enter the citizenship
space of another member state. The rights attached to the EU passport only
apply when one crosses an internal border. True, the EU has adopted a
Charter of Fundamental Rights and has recently launched a new initiative
called the European Pillar of Social Rights. But these are rather soft rights,
they apply only in respect of EU legislative acts and do not really add anything substantial to the catalogue of rights already existing in the member
states.
EU citizenship does not confer subjective entitlements to material protections (transfers or services) directly provided by the EU. The limited
supranational funds that exist in the social field (e.g. the European Social
Fund) can only be accessed by national or regional governments. When
sympolitical regulatory measures are adopted (e.g. on gender equality or
employment protection) they need to be transposed into national legislation
to become operative. Even if they concern individual cases, jurisdictional
decisions – the rulings of the Court of Justice of the European Union
(CJEU) – can only result from a request on the side of a national Court.
As all rights, also isopolitical ones have corresponding duties. In the first
place, mobile citizens are subject to the same obligations that are in force in
the country of destination: in particular, they must pay taxes and social security contributions. We can define these obligations as isopolitical duties. But
‘isopolitics’ generates a second, and less visible, type of duty. Stay-at-home
citizens are obliged to make room for the mobiles, share with them their
own national space (an identity-thick and rights-thick space) and bear the
8
Obinger, H., S. Leibfried & F.G. Castles, (eds.) (2005), Federalism and the
Welfare State: New World and European Experiences. Oxford: Oxford
University Press.
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