The Shifting Parameters of Nationality
275
2.1.1 Changing Spatiality of Citizenship: On‑Going Developments
Until today the central reference point of citizenship, the most relevant ‘political
community’, remains the (nation-)state, but it is obvious that various on-going developments imply a re-alignment of citizenship. Traditionally, the state represented the
key institutional order, also because it had a central role in the facilitation and regulation of the industrial, educational and cultural sector.32 However, in the meantime
the lives of people are increasingly determined by policies and practices that are
not set by the state. The manifold developments in this respect have also triggered
reconceptualisations of citizenship. Two developments are highlighted here.
Firstly, powers that were traditionally held by states have been shifted towards
regional and local governments (decentralisation) and towards international organisations (supranationalism). The resulting multi-level governance has gone hand in
hand with the recognition of multiple, intersecting memberships.33 EU citizenship is
particularly noteworthy in this respect. While EU citizenship is attached to national
citizenship of one of the Member States, and these states in principle retain virtual
complete freedom (see below) to decide the requirements for acquisition, the status
of EU citizenship has increased the interdependence of nationality policies of the
Member States.34 Furthermore, whereas EU citizenship aims to construct a European identity, and can thus been seen to undermine the link between nationality/
citizenship on the one hand and the traditional nation-state on the other,35 EU citizenship’s residence rights do facilitate naturalisation in the Member State of residence.36 Finally, and as will be argued more fully below, several key rights of EU
citizens point to the crucial importance of residence and voting rights for the effective realisation of membership, more particularly the right to enter and reside, and
the right to vote (in local and European elections).37
Secondly, the changes of the international order towards ‘global governance’ has
resulted in the recognition of the growing role of non-state actors (not only various types of international organisations38 but also transnational corporations, NGO’s
etc.), and their actual impact on the lives of people. These changes are further
32
Sassen (2002), p. 279.
Bauböck and Giraudon (2009), p. 448. See also McMahon (2012), pp. 7–8.
34
Kochenov (2010), p. 2. See also Oosterom-Stapels (2018) in this special issue.
35
Rostek and Davies (2006), pp. 5–6.
36
Kochenov (2010), p. 3.
37
Kochenov (2011) on the case law of the Court of Justice of the European Union (CJEU) on EU citizenship rights referring to the cases of Rottmann (Case C-135/08, ECLI:EU:C:2010:104), Ruiz Zambrano (Case C-34/09, ECLI:EU:C:2011:124) and McCarthy (Case C-434/09, ECLI:EU:C:2011:277),
and the extent to which it recognizes EU citizenship rights also when no border has been crossed, can
be argued to rethink the boundaries of the community and thus also the nature of the community. EU
citizenship is arguably less centrally concerned with free movement rights and economic integration but
rather with the recognition of the central importance of fundamental rights, p. 55.
38
For an elaborate review of the enormous range of ‘international organisations’ and their position, and
role, see Klabbers (2015).
33
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