Citizenship for Real: Its Hypocrisy, Its
Randomness, Its Price
Dimitry Kochenov
Peter Spiro’s tactful diagnosis of the flaws in Ayelet Shachar’s kickoff text
to this Forum is correct: Shachar fails to convince when arguing for saving
citizenship against itself. (1) She understates the hypocrisy and randomness
underlying any determination of citizenship. (2) She ignores the problem of
de facto statelessness, which reveals a questionable understanding of discrimination. (3) She exaggerates the importance of the political dimension
of citizenship and presents the link between citizenship and political participation as unproblematic. (4) Shachar claims that the sale of EU citizenship
affects other member states, but this is perfectly legitimate since there is no
breach of EU law involved. (5) There are multiple ways how to acquire EU
citizenship which shows why Shachar’s acceptance of naturalisation as a
state-mandated purification ritual fails to capture reality. Overall, Shachar’s
argument against the Maltese policy does not stand. If we take democracy
seriously, then it should be for the Maltese alone to set the price. I thus disagree also with Magni Berton when he claims that the high price at which
Malta sells EU passports is problematic.
I.
There are many stories about how selling things is bad: land is not for sale;
love is not for sale; salvation is not for sale. Such proclamations make one
wonder whether the purpose of ethical high points is to totally contradict
reality. Hypocrisy itself is difficult to sell as an argument: land can be bought,
prostitution is often legal and some of the greatest art was sponsored by
those who wanted to buy salvation for themselves. To insist that citizenship
is not for sale is to ensure the perpetuation of the outright randomness of its
conferral as well as hypocritical and self-righteous excuses lurking behind
fundamental mechanisms of exclusions. Those boasting Italian great grandparents in Paraguay, members of Polish diasporas in Australia and elsewhere, large benefactors and talented sportsmen – all these people can
become Europeans, however random the rules. But the critique focuses on
those countries that offer citizenship for sale in a perfectly transparent way.
© The Author(s) 2018
R. Bauböck (ed.), Debating Transformations of National Citizenship,
IMISCOE Research Series,
https://doi.org/10.1007/978-3-319-92719-0_11
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