European Citizenship Claire Wallace European Societies

Origins of citizenship Greeks – small number of men to maintain democracy based on genealogy Romans – privileged group of people in Rome but not ethnically based Medieval times – urban dwellers

Different models of citizenship across Europe Citizenship debate became a debate about who is entitled to belong to the national community Germany: blood descent (jus sanguinis) France: citizenship by birth (jus soli) UK: No citizens only subjects until 1981 Estonia: language requirement

Modern ideas of Citizenship TH Marshall (1961) Civic (18 th C) Political (19 th C) Social (20 th C) Saw citizenship as a slow evolution associated with modernisation Concerned with relationship to social class and inequality – tension between equality of citizenship and market society

Problems with Marshalls ideas Based on nation state (assumption) Different progression elsewhere (e.g. Eastern Europe social citizenship before civic) Slow evolutionary model (can also go backwards) Left out idea of struggle to achieve rights (passive Gender/ethnicity/youth/animal rights/environmental rights etc. Migration challenged the idea of citizenship Challenged by neo-liberal ideas (Marshall social democratic version of citizenship

New concepts of citizenship Neo-liberal challenge – citizen is individual, not associated with social rights Emphasis on responsibilities rather than rights (active citizens) Emphasis on market society

Different kinds of citizenship in Europe Variety of levels of citizenship: Members of national community (passport) Non-resident members of national community EU nationals Third country nationals Favoured members of the national group Guest workers Students/ visitors Business people Refugees and asylum seekers Illegal migrants

EU citizenship EEC (European Economic Community) 1957 Treaty of Rome Single Europe Act 1986 European Political community came into being (European Community) 1992 Treaty of Union (Maastricht Treaty) Established freedom of movement for workers. Social policy started to come into being (European Union) 1997 Treaty of Amsterdam consolidated EU and EC. Rights of citizens included, European Parliament strengthened, common policy on immigration (for some countries) and on foreign policy and security 2000 Charter of Fundamental Rights 2001 Treaty of Nice. Citizenship rights consolidated comprising: dignity,freedom, equality, solidarity, justice European Court of Justice becoming more and more important as rights established on a case-by-case basis (e.g. rights of non-workers) Rights of EU citizen mainly those of nation state in reciprocal agreements, but these have been gradually enlarged.

Included in EU 1973 Denmark, UK, Ireland 1981 Greece 1986 Spain and Portugal 1995 Austria, Sweden, Finland 2004 Lithuania, Latvia, Estonia, Czech Republic, Slovakia, Slovenia, Poland, Hungary, Malta and Cyprus 2007 Romania and Bulgaria

Concepts of Citizenship: universalistic vs particularistic Universalistic model: human rights are universal. Habermas. Guaranteed by constitution. We should jettison particularistic affiliations and ally ourselves to the constitution constitutional patriotism Particularistic model: citizenship important part of construction of nation state and democracy (voting and participation). Also our sense of belonging. EU citizenship should be minimal with citizens constructed through national affliations. These views are in tension in the EU

3 elements 1. Legal and other protections on universalist basis (European Courts) 2. Creating communities of interests to control the state and prevent oppression (e.g. Trades Unions, INGOs) 3. Creation of a people (demos) with shared set of values (depends on concept of nationality) (How to do that at European level?)

3 Perspectives (Bellamy 2006) Liberals: citizenship as set of rights Communitarians: citizenship as belonging to a particular community Republicans: citizenship as participation – need for social capital and avenues of participation Cosmopolitan citizenship (Dellanty) which takes into account national differences within a universalistic framework.

Your rights as an EU citizen Citizenship of the Union shall complement and not replace national citizenship (Article 17 Maastricht) 1.Right to residence and free movement 2.Right to vote or stand in local and European elections (not national ones) 3.Right to diplomatic and consular protection in a third country 4.Right to petition European parliament, right to Ombudsman and EU institutions in your own language.

Challenges to idea of citizenship Post national citizenship – EU rights Post national citizenship – Human rights/Civil Rights/UN Convention etc. International tribunals – over ride national ones Maintained by international civil society? Immigration Crisis of welfare state

Case study: youth Young people have different rights to adults – but messy transition between youth and adulthood (sexual rights, voting, economic rights, property, smoking, drinking, driving car, joining army etc.) Different rights in different countries and even within different countries Attempt to create rights for youth in EU (under Open Method of Co-ordination) EU White Paper in Based on participation.

Ambiguous rights of youth Age of majority: 18 most countries, 16 Scotland Age of vote: 18 most countries (since 1971 in UK) Age of marriage: most countries 18 without parental consent, 16 with parental consent, 14 Russia. 16 Scotland Age of consent: Scotland 16, NI 17, France 15, Lithuania and Hungary 14, Finland 16 Homosexual age of consent: 18 England, 18 Romania, 15 France Age of criminal responsibility: USA 7, UK and Ukraine 10, Poland 13, Italy and Germany 14, Finland 15, France 13 Alcohol mostly 18, but in somecountries 18 for hard alcohol, 16 for other alcohol, Nordic countries 20 for purchasing alcohol, USA 21 Economic independence from parents: 25 UK, 26 Germany

Case study: Roma Roma are test case for citizenship rights Usually regarded as second class citizens due to non- conformist lifestyles (wall in Usti nad Labem, moral panic over emigration to UK in 1999/2000) Attempted forced assimilation in communist countries and annihilation under Nazis Economic exclusion, social exclusion, problem of incorporating travellers Now NGOs and international aid But also possibility of international migration Exit or Voice?