‘Citizenship : the case of Europe’ Isabelle Petit, Ph.D. University of Waterloo 16 March 2004

Introduction A distinction to be made : A distinction to be made : 1) Citizenship in Western Europe Citizenship that took shape in national states over several centuries. 2) European Citizenship Citizenship developed over the last decades by the institutions of the European Union (i.e. Commission, Parliament, Council) Citizenship developed over the last decades by the institutions of the European Union (i.e. Commission, Parliament, Council)

1. Citizenship in Western Europe Two questions : a) What is citizenship? b) Who benefits from it?

a) What is citizenship? Changes meaning throughout history Changes meaning throughout history making it a concept difficult to grasp making it a concept difficult to grasp No single definition No single definition Yet, citizenship refers at least to a “set of rights and duties” and a set of protections Yet, citizenship refers at least to a “set of rights and duties” and a set of protections

Typology of citizenship rights Civil rights (18th century) Civil rights (18th century) rights that guarantee individual freedom, liberty of the person (ex. freedom of movement, freedom of establishment, right to diplomatic and consular protection, freedom of conscience, freedom of opinion, right to make a labour contract). Political rights (19th century) Political rights (19th century) rights through which individuals participate in the exercise of political power (ex. right to vote, right to stand in elections, freedom of association). Social rights (20th century) Social rights (20th century) rights that aim at insuring economic and material well- being of individuals (ex. right to health care, pensions, unemployment insurance).

Protection mechanisms A few examples: A few examples: - Right to apply to a court. - Right to petition to the Parliament - Right to refer to the Ombudsman The degree of protection is higher if the rights are entrenched as a constitutional principle. The degree of protection is higher if the rights are entrenched as a constitutional principle.

Citizenship is not only a set of rights, it is also a set of duties or responsibilities. Citizenship is not only a set of rights, it is also a set of duties or responsibilities. Perhaps less well defined in law and constitutions than rights Perhaps less well defined in law and constitutions than rights A few examples: A few examples: - National service - Obligation to obey the law - Obligation to respect national institutions - Obligation to pay taxes

b) Who benefits from these rights and who must fulfil these duties? In principle : citizens (i.e. nationals, members of the nation) In principle : citizens (i.e. nationals, members of the nation)  all citizens are nationals but all nationals are not citizens. Two ways to hold nationality : Two ways to hold nationality : - At birth: - Jus sanguinis - Jus soli - Later in life via naturalization

A few exceptions, however A few exceptions, however  sub-distinctions: - exclusive rights/duties (only for citizens) - exclusive rights/duties (only for citizens) - non-exclusive rights/duties (for citizens and legal immigrants) - non-exclusive rights/duties (for citizens and legal immigrants)

2) European citizenship Two questions: a) In what way is European citizenship different from or similar to citizenship as it is traditionally defined in Western European countries? b) Is European citizenship linked to the construction of a ‘European nation-state’?

a) Similarities and differences Rights found in the European Union: Freedom of movement and of residence Freedom of movement and of residence Diplomatic and consular protection Diplomatic and consular protection Right to vote and to stand in municipal elections Right to vote and to stand in municipal elections Right to vote and stand at elections to the European Parliament Right to vote and stand at elections to the European Parliament A few social rights (ex. freedom to work; freedom to strike; right to paid vacations; right to social coverage; etc.) A few social rights (ex. freedom to work; freedom to strike; right to paid vacations; right to social coverage; etc.)

EU citizenship can also then be defined as a set of rights but … EU citizenship can also then be defined as a set of rights but …  Smaller range  Not as effective  Less protection Fewer duties  no obligation to pay taxes to EU  no “citizenship service” (national service)

b) Is European citizenship linked to the construction of a ‘European nation-state’? No. No.  Access to European citizenship : «Every national of a Member State shall be a citizen of the European Union» However, can be understood as a tool to foster a sense of belonging to the European Union among nationals of the member states. However, can be understood as a tool to foster a sense of belonging to the European Union among nationals of the member states.Conclusion