EU Citizenship, Free Movement and Emancipation: A Rejoinder
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unfolding at the Union’s borders (and within the Union’s borders) to a problem that is created by free movement and Union citizenship conflates two –
admittedly intertwined – processes.
Borders matter. Borders construct polities and engender certain relationships. And those relationships matter for the way in which we attribute rights
and obligations. Many of us would not feel particularly inclined to share our
resources with, say, a Russian oligarch. Most of us, conversely, would give up
just about anything for the sake of our children or partner. Between these two
extreme poles, our commitment to others depends on a range of factors – from
the agapistic reflex that extreme suffering generates, to ideas of historical, ethnic, linguistic communities and from those revolving around sexual orientation, gender or political preferences to those created by shared institutional
frameworks. On this relational account, the creation of the EU is, in its simplest form, the institutionalization of new relationships between citizens across
borders. Something links the Polish national to the Belgian national that does
not include their Ukrainian (or Australian, Ecuadorian, Senegalese) neighbour.
The relationships generated by Union citizenship, in other words, must mean
something – in my account primarily a shared commitment towards opening
up national communities. That does not, of course, mean that non-EU citizens
ought to be treated poorly, that they are somehow undeserving of protection,
admission to the territory of the EU or help. What it does mean is that these are
two conceptually separate discussions. The extent to which we defend or limit
free movement of Union citizens, and the matter in which we construe internally the rights and obligations of those EU citizens based on their inter-personal relationship as institutionalized by EU citizenship, has little to do with
how we treat those outside our borders of membership. Conditions, obligations, and rights of membership are bounded: they include members, and
exclude non-members. This applies to book clubs, terrorist organisations, and
transnational political communities. What we owe refugees fleeing war in
atrocious and hazardous circumstances is a question that is distinct from the
question what we owe fellow European citizens. The difference – which also
explains why the former is so difficult to answer legitimately and authoritatively – is that one of these questions has been institutionalized, and the other
has not: we have legal norms and institutional structures that translate the illdefined bond between Europeans into Union citizenship. And that institutionalization, in turn, is only possible once we accept that borders matter. Not as
instruments to keep people out, but as instruments to solidify the relationships
between those inside the borders. This also means that, contrary to Glyn
Morgan’s suggestion, if the UK were to leave the EU its citizens cannot remain
Union citizens, and cannot derive rights and obligations under that heading.
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