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a cosmopolitan statist perspective on the EU. I shall then deploy this perspective to comment on Floris de Witte’s three arguments, noting in each
case how free movement can be defended while stopping short of the view
he advocates.
osmopolitan statism, EU citizenship and freedom
C
of movement
On the account I adopt, the most normatively appealing and empirically
plausible way of conceiving the EU is as a republic of democratic nation
states. The argument is broadly Kantian, tweaked to accommodate contemporary concerns and conditions. It is both statist and cosmopolitan, and orientated around the value of non-domination. It is statist in arguing that to
institute justice among individuals who reasonably disagree about its nature
and application requires the establishment of a sovereign authority to govern the relations of those who share a social space. Yet if that authority is to
be non-dominating and not itself a source of injustice, it must be under the
equal influence and control of those to whom it applies. Therefore, justice
implies the establishment of both a state and a democratic regime within it.
Just relations can only pertain among citizens. However, in an interconnected world it becomes possible not only for states and their citizens to
dominate other states and their citizens, both directly and indirectly, but also
for various non-state agents and agencies, such as corporations and terrorist
groups, to do so. That possibility increases when not all states operate democratically, with such non-democratic states not only dominating their own
citizens, but also more likely to seek to dominate the citizens of other states
too and to provide a haven for non-state agents and agencies to do so as well.
Meanwhile, citizens of all states have various reasons to move freely
between states– some to escape dominating or failing regimes, others to
trade, find employment and for leisure, among other motives. As a result,
states have good cause to cooperate and establish supranational legal and
political structures to prevent their mutual domination, help them support
non-dominating regimes in states where they do not as yet exist or are under
threat, tackle domination from other non-state sources, and to facilitate
the free movement of citizens between these states in ways that avoid
‘Between Cosmopolis and Community: Justice and Legitimacy in A European
Union of Peoples’, in S. Tierney (ed.), Nationalism and Globalisation: New
Settings, New Challenges, 207–232. Oxford: Hart; and (2016) (with
S. Kröger), ‘Beyond a Constraining Dissensus: The Role of National
Parliaments in Domesticating and Normalising the Politicization of European
Integration’, Comparative European Politics 14 (2): 131–153.
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