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R. Bauböck
outside the EU territory on grounds of distant ancestry or co-ethnic identity,
obliging thereby all other Member States to admit immigrants from third
countries to their territories and labour markets as EU citizens (Shaw).
Since EU citizenship is derived from Member State nationality and
determining the latter remains an exclusive competence of Member States,
EU law does not provide much leverage against either the sale of EU passports or other policies of creating new EU citizens without genuine links to
any EU country. Several authors raise, however, the question whether the
principle of proportionality established by the Court of Justice of the EU if
withdrawal of Member State nationality leads to a loss of EU citizenship
could also be applied to national rules regulating the acquisition of citizenship (Shaw, Shachar, Swoboda).
Independently of the issue of legality these authors suggest that the
European Parliament is the institution that is best suited for addressing the
issue. Instead of asking for intervention against particular Member States,
they call for a broader debate on shared principles that ought to guide
Member State policies in matters of citizenship.
(3) National questions
Most authors in our Forum defend a conception of citizenship as membership in a democratic community. From this perspective, selling membership
seems odious in the same way that selling the franchise in elections is
(Shachar, Bauböck). Citizenship is considered as the kind of good that
money should not be able to buy (Ochoa).
Magni-Berton argues, however, that monetary investment can be a way
of contributing to the common good of a political community and should
therefore not be summarily dismissed as a legitimate reason for acquiring
citizenship. In his view, the high price indicates the real problem, which is
artificial scarcity created through exclusionary rules for access to national
citizenship.
Authors disagree on whether citizenship acquisition based on purchase
or investment is more arbitrary than the common rules of ius sanguinis, ius
soli or residence-based naturalisation. Some consider all of these membership mechanisms as essentially arbitrary or discriminatory (e.g. Armstrong,
Kochenov), whereas Bauböck defends them as supporting equal membership in intergenerational communities.
From a global justice perspective, ‘golden residence programmes’ that
provide investors with privileged access to permanent residence status seem