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M. Ferrera
Even when it adopts binding norms that indirectly impinge on national
citizenship, the EU cannot provide enforcement resources directly to citizens. As mentioned, even access to the CJEU is mediated by national courts.
The EU does provide, however, normative resources (if only through soft
law) and EU citizenship does directly empower citizens with instrumental
resources for the exercise of rights.
It is precisely the provision of instrumental resources (money, benefits
and services, infrastructures and so on) that could make EU citizenship more
salient, visible and tangible for wide social constituencies. A smart enhancement and packaging of such resources (accompanied by an adequate communication, capable of bringing some credit to the EU directly), could be
the trampoline for strengthening the social citizenship dimension of the EU
and experimenting with a range of soft duties. Intra-EU free movement
rights (more precisely: the freedom to reside and work in any member state)
is not only the hardest right of EU citizenship; it is also the only one that
differentiates EU citizens from third-country legal residents. In other words,
it is the key marker of EU belonging in the thick sense.
In the debate it is often argued that the increased harmonisation of rights
and obligations between citizens and legal residents is making citizenship a
less robust form of association, and that consequently its bonding potential
has lost traction. The peculiar features of EU citizenship make it less sensitive, however, to such trends.
Internally, EU citizenship entitles to free movement. So far, this entitlement empowers only a limited constituency and has the risk of generating
boomerang effects. In my scenario, the fact of free movement (and of the
monetary union – a point which I cannot develop here) justifies the expansion of facilitating benefits and services that could be accessible to everybody: either in the form of transferrable drawing rights or in the form of
access to training and life-long-learning services at home (or in another
member state, for a short time) aimed at endowing all Europeans with the
skills required by the new integrated European economy, based on a single
market and international openness.
Externally, EU citizenship (which carries a passport eligibility foreclosed
to third country legal residents) entitles to forms of protection against harms
to personal or material security which are unfortunately becoming more frequent. The motto Civis Europaeus Sum would thus acquire a consequential
meaning, both within and outside the EU.
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