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D. Owen
For the states that compose the EU, we can distinguish three dimensions
of democratic legitimacy that address, respectively, the composition of the
demos of the state, associative obligations between member states and democratic obligations to non-members. Let’s take them in turn.
If we focus on the composition of the demos, then it is important to
acknowledge the difference of selling citizenship in a global market with
schemes that, as Ayelet Shachar rightly notes, simply facilitate residence for
selected types of highly valued persons and hence the acquisition of citizenship via residence-based naturalisation procedures. As Bauböck, Dzankic
and Ochoa all stress, the ‘golden residence permit’ schemes (whatever other
faults they may have) require a multi-year period of residence within, and
hence subjection to, the authority of the state in question prior to, and as a
condition of, the acquisition of citizenship. Such required residence grounds
the claim to political equality that is given expression in access to membership of the demos.
Turning to the second dimension of democratic legitimacy of EU states,
the associative obligations of member states, we can note that the explicit
Treaty-based commitment to solidarity among these states has a specific
implication for their democratic composition in that, normatively, it constrains states to treat their own citizenship (over which the EU has no – or
via the Court of Justice of the European Union, very limited – competence)
as integral to the democratic character of the EU. In this respect, Bauböck is
surely right to highlight the point that selling national citizenship (and hence
also EU citizenship) is incompatible with the associative obligations of
member states as it admits persons to EU citizenship in all member states
who do not have any genuine connection to any of these states. However,
the scope of such obligations is not merely tied to such blatant examples of
the commodification of citizenship but extends to the wider range of practices that are brought into focus by such extreme examples insofar as these
undermine political equality with the EU by, for example, importing class
and status differentials into access to citizenship.
The third dimension of democratic legitimacy for EU member states
concerns those non-members whose morally significant interests are affected
by the citizenship policies of these states. The requirement here is that these
interests are impartially considered within the policy-making process. In
contrast to Bauböck’s distinction between democracy and global justice, I
want to stress that this third dimension links the two and ties the concerns
acutely raised by Barbulescu and, in more fatalistic mode, by Spiro directly
to democratic legitimacy. As Barbulescu notes, the neo-liberalisation of citizenship that is expressed in practices of trading citizenship entails that the
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