What’s in a People? Social Facts, Individual
Choice, and the European Union
Dimitry Kochenov
Joining the majority of other contributors to this forum I fully support the
useful and timely initiative for national voting rights for EU citizens, which
has been overdue.
My argument builds around well-known but much ignored effects of the
European integration project on the member states and their societies which
require adjusting our understanding of who is a foreigner in today’s Europe,
i.e. what is a ‘people’ in the context of the European project. Given the
wording of Article 25 TFEU, which allows the Commission to propose
additional rights of EU citizenship but requires unanimity in the Council and
approval by the member states, the change will not be easy. However, this
would be a bad reason for not trying.
Should it not be up to the individual to decide who will participate in
political life rather than up to the state with its random naturalisation procedures and nonsensical tests created to divide societies instead of uniting
them?1 Hailing from a totalitarian regime myself I cannot overstate the value
of being left alone, free from the state’s critique, endorsements, or ideas about
‘good life’. The criterion of genuine ties that Bauböck preaches in his contribution to the present debate starts from the presumption of people’s inability
to take responsible decisions for themselves whether they have such ties or
not, superimposing thus their judgement with a state-mandated one. Given
that those who do not have any interest in the state of residence are highly
unlikely to participate in political life there, Bauböck’s contribution struggles
hard with a non-existent problem. He does his best to justify the state-mandated selection of those who ‘have the ties’ profoundly mistrusting those who
actually feel sufficiently affected to demonstrate that politically. As if the ties
depended on state-mandated blessings! It seems that only the ‘official’ certificates are meaningful, not the actual reality they are summoned to certify,
1
See Kochenov, D. (2011), ‘Mevrouw de Jong Gaat Eten: EU Citizenship and
the Culture of Prejudice’, Robert Schuman Centre for Advanced Studies,
EUDO Citizenship Observatory Working Paper 2011/06, Florence: European
University Institute, available at http://cadmus.eui.eu/handle/1814/15774.
© The Author(s) 2019
R. Bauböck (ed.), Debating European Citizenship, IMISCOE Research
Series, https://doi.org/10.1007/978-3-319-89905-3_7
37
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