Liberal Citizenship Is Duty-Free
Christian Joppke
Maurizio Ferrera has produced an admirably detailed and savvy catalogue
of suggestions to ‘add stuff’ to European Union citizenship, particularly on
its social rights dimension. The idea is that more deliverables, particularly
for the vast majority of Europeans who do not take advantage of the right of
free movement that remains the beating heart of EU citizenship, will increase
the cohesive and integrative powers of the European citizenship, and allow
to attach some ‘soft’ duties to it that in its current form are entirely missing.
The question whether EU citizenship ‘should’ be duty-free is only tangentially raised, and it is presumed rather than discussed that the only reasonable answer could be negative.
While the spirit of this proposal is ‘incremental’ and pragmatic, I would
like to question some larger presumptions that go into it. The first and central is that duties are a necessary component of citizenship. However, tax
paying and army service, which are mentioned by Ferrera as ‘novel duties’
attached to the rise of national citizenship, and apparently considered as
model duties for a strengthened EU citizenship also, are no specific citizen
duties. All legal residents are required to pay taxes; and most armies today
are professional and thus facultative (and some armies, like the American,
following the Imperial Roman model, also recruit non-citizens). As already
Hans Kelsen observed, even ‘allegiance’, that quintessential citizen duty, is
not a legal duty but merely a ‘political and moral’ exigency: ‘There is no
special legal obligation covered by the term allegiance. Legally, allegiance
means no more than the general obligation of obeying the legal order, an
obligation that aliens also have’.1
Kelsen wrote this at a time when ‘treason’ was still a crime that only citizens could commit; its functional equivalent today, ‘sedition’, which is the
legally enforceable opposite of allegiance, is a crime that non-citizens also
can be charged for.2 A non-starter at the national level already, where – as
1
2
Kelsen, H. (1949), General Theory of Law and State. Cambridge, Mass.:
Harvard University Press, p. 235.
See Fletcher, G. (1993), Loyalty: An Essay on the Morality of Relationships.
New York: Oxford University Press, chapter 3.
© The Author(s) 2019
R. Bauböck (ed.), Debating European Citizenship, IMISCOE Research
Series, https://doi.org/10.1007/978-3-319-89905-3_35
199
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