Freedom of Movement Needs to Be Defended as the Core of EU Citizenship
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s uggested that the right to basic social assistance mechanisms (as a corollary
of the right to equal treatment tied to residence in a host state) is unavailable
for those citizens who do not have ‘sufficient resources’ to take care of
themselves. In a ruling that comes quite close to depicting Ms Dano in racist
terms as a citizen whose presence in Germany is of no functional use to
German society, the Court changes the category of EU citizens that can realistically make use of the promise of free movement. In simple terms, Dano
suggests that free movement is not for all Europeans. It is not a right attached
to the ‘fundamental status of all EU citizens’, but rather a privilege that
European playboys are allowed to make use of. Again, this judgment was
celebrated throughout Europe as bringing about justice; as defending the
welfare systems against the parasite that is the poor (or poorly-educated)
fellow European. Instead, I would argue that it is about the perpetuation of
exclusion of vulnerable citizens from the processes that serve to remedy
those very vulnerabilities. It is a judgment that legally mandates the creation
of a European underclass of vulnerable citizens who, because of their
exercise of free movement, are neither politically represented nor materially
protected from the most egregious forms of exclusion. This case shows why
we need to defend free movement as a right at the core of EU citizenship:
something that ought to be available under similar conditions for all nationals
of the Member States, and not only for the privileged ones.
Free movement as separating ‘the nation’ from ‘the state’
The third and final reason why we ought to defend free movement at the
core of EU citizenship is because of the latter’s idiosyncratic structure.
Unlike national forms of citizenship, EU citizenship is not linked to a ‘community of fate’ that reflects certain ethno-cultural ideas of a homogenous
community, forged on the basis of a shared language, history, myths and
ethnicity, and solidified through boundary closure, narrowly-defined membership groups and exclusion of outsiders. EU citizenship, instead, is a
‘stateless’ or ‘anchorless’ idea of belonging and community: it suggests that
its subjects are part of something that is incipient, ill-defined, and diverse.
Often, this is understood as the main weakness or source of illegitimacy of
EU citizenship. I would argue that it is exactly its strength.
The absence of a link between the institutional idea of EU citizenship
and a specified ‘ethnos’ or the idea of a ‘nation’ is exactly what makes EU
citizenship normatively appealing. Accounts of the ‘long history’ of
European integration suggest that the inter-war experience and the Second
World War identified the problems with parliamentary or national sovereignty. Very simply put: democracies premised on these ideals appeared not
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