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F. De Witte
But the close link between free movement and Union citizenship has a
second exclusionary effect – one that is internal to the EU. On this view,
Union citizenship is an advantage for those willing and able to make use of
it; but a disadvantage for those who cannot. On this narrative, the ‘immobile’ citizen faces increased competition for jobs and welfare resources
from the ‘mobile’ citizen. Citizenship and free movement, then, create winners and losers – a process that became blatantly obvious in the Brexitvote. I would contest this argument both normatively and institutionally.
The fact that only a portion of citizens actually make use of their right to
free movement does not make the right any less important or relevant. A
small proportion of the population makes use of their rights to free association or freedom of expression. Increasingly fewer people use their right to
vote. Does that make these rights increasingly less relevant or important?
Of course not. The same applies to free movement. The mere possibility of
movement, legally guaranteed by free movement and Union citizenship,
moreover, also has a reflexive virtue, as picked up by Vesco Paskalev (who
highlights that younger Brits – regardless of their exercise of free movement – understand it to be a public good) and Saara Koikkalainen (who
shows that 78 per cent of EU-wide respondents support free movement).
The possibility of free movement liberates the self-understanding of the
individual from the collective self-understanding of the polity they happen
to be born in.
This does not mean that Union citizenship and free movement offer an
equal opportunity of exercise to all Union citizens. As I will discuss below,
the EU does not dispose of the institutional framework that can articulate
and sustain such an understanding of substantive justice. To be sure, free
movement presupposes certain social and cultural resources (if not necessarily those associated with the ‘transnational elite’ – it is hardly against
these groups that the Brexit-vitriol was directed). What matters for our argument in this section, however, is not that free movement has high conditions
of entry, but that it creates negative effects for those that do not make use of
it (for whatever reason). This can be explained in one of two ways. First, and
in the most important narrative in the Brexit campaign, it was suggested the
EU migrants not only take jobs away from UK citizens, but also welfare
resources, and create increased pressure on schools and hospitals. At the
same time, every single piece of research that has taken place suggests that
the UK benefits fiscally from free movement. How can these two positions
be squared? It’s very simple: by the decision of successive UK governments
not to invest the fiscal windfall from free movement in additional welfare
resources such as schools and hospitals.
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