EU Citizenship, Free Movement and Emancipation: A Rejoinder
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enforcement and stability of sharing practices and the processes of collective will-formation. My argument is not based on the rejection of the state –
and on the slow process towards a political cosmopolitanism. Instead, it is
based on the realization that, given that the state and its institutional structures are indispensible for structuring authority in a legitimate fashion, we
must be sensitive to its externalities. On this view, EU citizenship and free
movement are not meant to obliterate the state; they are meant to limit the
externalities of the institutional structure of the nation state. The first externality has been discussed at length in my initial post: that the nation state
limits choices available for the citizen. The trade-off in liberal democracies
is that in return for your chance to vote, you accept the majority position.
Free movement cuts across this limit and offers Union citizens the choice of
different visions of ‘the good’.
The second and more structural externality, which Bellamy has picked
up, is most easily explained if we pick up an element discussed above – that
demands of justice are relational. As Païvi Johanna Neuvonen also reminds
us, relationships between individuals that generate claims of justice or solidarity might take place within borders, but also across borders. The point
that my initial contribution makes is essentially that while we have institutions that can make sense of the former type of relationships (namely, the
domestic political process, that can mediate between competing claims of
justice by insiders), it cannot possibly make sense of the relationships across
borders. Imagine an Irish woman living in France and working in Belgium.
What does the social relationship between her and French society mean in
terms of justice? What does Belgium ‘owe’ her because of her economic
participation in the Belgian market? Allowing the French or Belgian political system to answer these questions creates a democratic problem, as our
Irish women (and therefore her relational position vis-à-vis nationals) are
not included in its determination. This is where and how free movement and
Union citizenship, and particularly through the principle of non-
discrimination based on nationality serve to more appropriately settle questions of justice and democracy. Union citizenship and free movement respect
the institutional structures of the nation state in the determination and
enforcement of questions of justice. As far as EU law is concerned, the
Austrian decision to have free tertiary education is as ‘just’ as the UK’s decision to charge £9,000 per year. This respect for national choices is indeed, as
Bellamy highlights, necessary for its stability. What free movement law
does is simply extend that decision to include those Union citizens who have
a sufficiently strong relationship with the host state – be it through economic
or social interactions. As such, free movement and Union citizenship do not
serve to substitute for the nation state and its structures, they serve, instead,
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