Preface
ix
The second debate addresses the civil right of free movement, which is
at the core of EU citizenship. The context for this debate was the Brexit
referendum, in which EU free movement became the most controversial
policy issue and before which the UK government had negotiated concessions that included new powers to restrict temporarily access of EU citizens
to certain welfare benefits. The question posed to the authors is whether free
movement should still be defended and expanded because it enhances freedom from state interference, or whether this dimension has been overstretched through decisions by the Court of Justice of the European Union at
the expense of the political will of majorities in the member states and of
national welfare regimes.
The third and most recent debate continues in many ways the second
one. It starts from the question of why EU citizenship does not include any
citizen duties, although the Treaties speak in a general way about the rights
and duties of the citizens of the Union. This puzzle leads very quickly to a
general controversy about the ‘weight’ of EU citizenship and its main beneficiaries. Several authors regard EU citizenship as a progressive force precisely because it protects individual liberties beyond the nation-state without
imposing legal duties or thicker identities on them, while others advocate a
stronger social component that would also address cleavages resulting from
rising social inequality and the populist backlash among the less mobile
Europeans. This debate in particular discusses also practical policy proposals for EU duties and social rights.
Although the debates were held at different periods over the last six
years, none of them has become irrelevant or outdated. There are, however,
important aspects of EU citizenship that are not covered in them. These
concern in particular the impact of EU citizenship on the citizenship of
member states from which it is derived and the – as yet unknown – solutions
to the loss of EU citizenship rights enjoyed by UK citizens in Europe and of
EU citizen rights in the UK after Brexit. The three debates are therefore
complemented by an introductory essay on these topics specifically written
for this volume by Jo Shaw, a prominent EU lawyer and co-director of the
GLOBALCIT observatory.
This book has a companion volume on the ‘Transformations of National
Citizenship’ that will be published in the same series later this year and that
collects four more GLOBALCIT forum debates on current challenges for
citizenship in democratic states.
Florence
February 2018
Rainer Bauböck
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