State Citizenship, EU Citizenship and Freedom of Movement
111
His second argument for free movement, as a recalibration of justice and
democracy, is in this respect more nuanced in that it appears, initially at
least, to recognize that there is a need for reciprocity both between citizenship regimes and among those who participate within any one of them. As it
happens, I agree with him that there is no evidence that the UK would be
justified in applying an ‘emergency brake’. But none of what he says here
seems to justify the statement that freedom of movement serves ‘to recalibrate questions of justice and democracy in a more appropriate manner’, a
position that is hardly addressed at all. At best, it suggests that appropriate
mechanisms do not exist for a constructive democratic dialogue that allows
for a clear discussion of how we might balance reciprocity between citizenship regimes and reciprocity within them in an equitable and sustainable
way. So far that has been a matter for the CJEU looking at particular cases,
on the one hand, and intergovernmental agreements, on the other. Yet both
seem somewhat ad hoc and insufficiently connected to citizens as a body,
which perhaps explains the general alienation from the decisions of both
bodies.4
His third argument restates the first in a neo-Habermasian manner as
separating ‘nation’ and ‘state’, because EU citizenship ‘lacks the ties to a
homogenous political ‘community of fate’ that perpetuate significant exclusionary practices’. Again the element of truth in this statement gets lost
through exaggeration. Floris de Witte suggests that national citizenship
within the member states ‘is linked to a ‘community of fate’ that reflects
certain ethno-cultural ideas of a homogenous community’. As I observed
above, though, what Habermas called ‘constitutional patriotism’ forms the
norm across the EU. All the member states have citizenship regimes involving elements of ‘ius soli’ as well as ‘ius sanguinis’ and most have citizenries
with considerable cultural diversity and mixed blood. Sadly, and worryingly, there are parties of the extreme right everywhere that are motivated by
‘ethno-cultural ideas of a homogenous community’, and in a very few countries these parties are in government. But such sentiments are not intrinsic to
the very idea of a nation state. EU citizenship has no tie to any notion of
nationality because that is not its function. It exists to facilitate inter-
nationality and to some degree multi-nationality, but not the demise of any
sense of nationality whatsoever. As I noted, a sense of political solidarity is
important for the upholding of rights that we can only possess as members
4
On the ‘democratic disconnect’ in EU policy making, see Bellamy, R. &
S. Kröger (2016), ‘The Politicization of European Integration: National
Parliaments and the Democratic Disconnect’, Comparative European Politics
14 (2): 125–130.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents