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p ropriety of e.g. en masse waver of residence requirements for naturalisation. Third, naturalisation is an inexact remedy: Britons have an effective
nationality, albeit one whose instrumental value for free movement will
have (potentially, depending on the UK-EU future relations) been adversely
affected.
( Partial) decoupling of Union citizenship from Member State
citizenship
Morgan’s proposition to create ‘a form of Union citizenship unmediated by
any prior national citizenship’ appears to offer a more direct link between
the predicament (loss of EU citizenship rights) and the remedy. However, by
making the offer ‘conditional on Britain offering current EU citizens full
national citizenship in Britain’ or ‘contingent on certain forms of equitable
treatment for current EU citizens resident in Britain’, and by making the re-
attainment (viz. retention) of EU citizenship financially contingent (€10,000)
so as to ‘discourage countries from thinking that they can secede from
Europe while enjoying the full benefits of membership’, he significantly
weakens the normative basis of his proposition. If the Union ought to be
concerned about the individual loss of EU citizenship status and rights, why
should its retention be made contingent on policy choices of a former
Member States? This seems like the UK government’s ‘bargaining chips’ or
‘cards’ strategy28 in reverse (it is also noteworthy, for the reasons noted
above, that the predicament of EU-27 citizens residing in the UK does not
arise from an ineffective nationality).
Moreover, it is not only morally contestable, but also puzzling how making the re-attainment of Union citizenship costly for individuals will discourage states from ‘seceding’ (withdrawing) from the Union: it seems
plausible to assume that (most if not all of) those UK citizens who would
wish to retain their Union citizenship had preferred that the UK remain in
the Union, but were outvoted. If the Union is concerned about preservation
of their individual status and rights, it is due to the disjuncture between their
own preferences and the aggregate preferences of their polity. Finally, it is
rather unclear whether Morgan proposes to open the Union citizenship route
to all UK citizens who do not hold the citizenship of another EU Member
State, or just to those who have already exercised mobility rights.
28
‘Liam Fox: EU nationals in UK one of “main cards” in Brexit negotiations’,
The Guardian, 4 October 2016, available at https://www.theguardian.com/
politics/2016/oct/04/
liam-fox-refuses-to-guarantee-right-of-eu-citizens-to-remain-in-uk.
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