A Dysfunctional Eurozenship? The Question of Free Movement

A European citizenship model autonomous from Member States’ nationality cannot work within the context of free movement. Should we end the debate, then, and take Richard Bellamy’s side? Not necessarily. Dora Kostakopoulou’s Eurozenship can be both improved and approved, and below I offer a few options for doing it.

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Let Third-Country Nationals Become Citizens in Host Member States and of the European Union

I agree with Dora’s diagnosis, and I agree that the EU – and EU Member States – should act to rectify shortcomings of the Union citizenship construction that largely unconstrained allows inequality in regard to access to Union citizenship and Union citizenship rights. However, I cannot subscribe to Dora’s solution. In my opinion, the suggested reform is not the right cure to the shortcomings of the present Union citizenship practice.

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If You Want to Make EU Citizenship More Inclusive You Have to Reform Nationality Laws

Dora Kostakopoulou rightly spots some deficits in the current construction of EU citizenship, but she asks the wrong questions about these deficits and her answers would therefore aggravate rather than resolve the problems. She asks: “Why should statelessness lead to the loss of Eurozenship?” The better question would be “Why should the EU tolerate that Member States produce stateless people?” She proposes “that all children born in the EU, who might not be able to inherit a Member State nationality, would automatically be EU citizens”. The better proposal would be to make sure instead that all children born and raised in a Member State become citizens of that state and thereby EU citizens.

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The Case Against an Autonomous ‘EU Rump Citizenship’

In the debate between Dora Kostakopoulou and Richard Bellamy, I agree with most of the propositions put forward by Dora in her introductory paragraphs: that EU citizenship allows former enemies to meet and live in harmony; that nationalistic populism should be rejected; and that the prospect of Brexit remains depressing. Nonetheless, I disagree with her proposal to move towards an autonomous EU citizenship.

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On Mushroom Reasoning and Kostakopoulou’s Argument for Eurozenship

Dora Kostakopoulou makes a spirited case for an autonomous status of European Union citizenship – one that is not related to the possession of citizenship of a Member State. However, while I sympathise with some of the concerns lying behind this proposal, I regard it as a misguided way of addressing them that is based in its turn on a misunderstanding of the nature of citizenship and of the EU and its achievements – albeit one shared by a number of the EU’s prime actors as well as certain of its foes.

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The Tale of Two Citizenships

August 2018: Two reports make the rounds in Austrian media. One discusses data protection issues for persons on the so-called citizenship “Promi-Liste”. It tells a story of a Chinese investor, who offered a donation to a public university dean in exchange for assistance with receiving the Austrian citizenship. Meanwhile, another paper breaks the news with a related dicey topic: about 70 Austrians have received notice they are to lose their citizenship. The reason? They allegedly reacquired their native Turkish citizenship as evidenced by their alleged participation in a Turkish referendum.

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Birthright Citizenship and Presidential Power

The Halloween season is traditionally a time for scares and surprises in the United States. This year, President Trump got in on the act, floating a truly shocking idea on October 30. In an interview with Axios, the President declared that he intended to sign an executive order ending birthright citizenship in the United States. Before diving into the law, it is worth pausing to consider what a  breathtaking idea it is that the President could unilaterally determine who counts as a citizen.

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‚EU-Ausländer’ bleiben trotz Einbürgerung: Der EuGH macht es möglich!

Stellen Sie sich vor, Sie machen als deutscher Staatsbürger von Ihrem Freizügigkeitsrecht als Unionsbürger Gebrauch; arbeiten für einige Jahre in einem anderen Mitgliedstaat und heiraten dort einen Drittstaatsangehörigen, der nun ebenfalls von Unionsrecht wegen ein (abgeleitetes) Aufenthaltsrecht erhält. Dass Sie ihren Ehepartner ohne Rechtsverlust sollten mitnehmen können, wenn Sie nach Deutschland zurückkehren wollen, erscheint nur folgerichtig; der EuGH hat dies schon 2014 klargestellt. Nun hat der Gerichtshof allerdings in der vergangenen Woche einen draufgesetzt. Droht das Freizügigkeitsrecht seine Konturen zu verlieren?

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More Is Less: Multiple Citizenship, Political Participation, and Mr Erdogan

I must differ with my colleague, Peter Spiro, and those who consider dual citizenship unproblematic or even progressive and a facilitator of immigrant integration. The devaluation of citizenship that widespread dual citizenship both reflects and worsens is in fact bad for those who need democracy and seek social equality. It is also another moment in which political power has yielded to market power. At the same time, making dual citizenship illegal, or even discouraging it, is a pointless effort since even after the current nationalist-populist wave passes, human mobility is highly likely to remain at high levels.

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