534
S. POGONYI
ambiguities, the scholarship on citizenship often assumes that the over-inclusive citizenship policies which render membership available for non-resident descendants of former
citizens, by definition strengthen an ethnic conception of the nation. This can be misleading and inaccurate. One may, of course, speculate that even without contributing to the
maintenance of national heritage (or even speaking the language), members of the diaspora who reclaim citizenship symbolically commit themselves to a nationalist/nationalizing project which may initiate a process of renationalization (Brubaker, 2011). But this, at
least from a sociological perspective, should not be seen as the outright re-ethnicization
of citizenship, even if the inclusion of diasporas and transborder kin-minorities is a project
of nationalist parties. Preferential naturalization available on the basis of language knowledge, residence in a specific transborder or overseas location or descent from former citizenship is not necessarily indicative of ethnic origin (Council of Europe – ETS No. 166 –
European Convention on Nationality, n.d., pt. art. 2 (a); Ljubljana Guidelines on Integration
of Diverse Societies | OSCE, n.d., para. 32.). Among others, descendants of ethnic and
national minorities living outside the country are also eligible for preferential naturalization if they meet all other requirements. If ‘ethnic’ membership is legally codified as
descent from former citizens, then preferential treatment is offered on the basis of links
to a (historical) state rather than ethnic ancestry.3
Conclusion
The civic–ethnic binary opposition is still widely used in comparative citizenship studies,
even though its analytical utility has been questioned in the social and political sciences.
In comparative citizenship studies, the civic–ethnic binary opposition is often used to distinguish inclusive/liberal and exclusive/illiberal citizenship regimes. According to this
classification, in ethnic, jus sanguinis regimes citizenship is inherited, and belonging to
the political community is conditional upon membership in the core ethnic group.
Ethnic citizenship regimes tend to have more restrictive acquisition policies, making naturalization more complicated for individuals outside of the titular ethnic group. Strict
language requirements and complicated citizenship tests are often criticized for creating
ethnically restrictive acquisition policies. By contrast, civic citizenship frameworks are
associated with acquisition policies that are less focused on the maintenance of putative
ethnocultural homogeneity. In a more nuanced approach, the binary opposition of civic
versus ethnic acquisition rules is intended to highlight the level of ethnic preferentialism
pursued by a state, including the overinclusion of co-ethnics living abroad (‘external
inclusion’) and the exclusion of individuals who do not belong to the titular national
majority (‘internal exclusion’).
This paper pointed out that despite the emerging norm of prohibiting ethnic discrimination in citizenship attribution, the current European legal framework does not rule out
putatively ‘ethnic’ selectivity. On the contrary, the European norms intended to promote
the de-ethnicization of citizenship through recommending internally inclusive acquisition
rules in practice open up the possibility for the ethnicization of citizenship through externally overinclusive and expansionist preferential acquisition laws. The paper argued that
this legal ambiguity is partly the result of the analytical vagueness of the ethnic–civic
dichotomy. Unless we define ethnicity strictly as common ancestry through bloodline,
there is no clear criteria of distinguishing ethnic and civic types of preferentialism in