Nationality and (in) migration ENAR Policy Seminar Brussels,

Luciano Scagliotti Intro 1.I’m not a lawyer… 2.References: R. Bauböck, E. Ersbøll, K. Groenendijk, H. Waldrauch (eds.), Acquisition and loss of nationality. (NATAC report) ENAR, Equal treatment of third country nationals A. Sen, Identity and violence. The illusion of destiny

Luciano Scagliotti This presentation Hints about discrimination on the ground of nationality What is nationality? A framework European debate Approaches for further discussion

Luciano Scagliotti Nationality discrimination Prohibited by TEC only against nationals of Member States. (until…?) → Directives 2000/43 and 78 don’t apply to nationality/citizenship status and immigration laws… …but apply to every person in the EU… …→ equality before a different law

Luciano Scagliotti Nationality discrimination Member States misuse exemptions to evade –their legal obligation to ensure that asylum and immigration laws are not discriminatory –their political commitment to ensure fair treatment of third country nationals Ex: jobs reserved to nationals, social housing criteria, welfare limitations, discretionary controls, detention centres

Luciano Scagliotti Nationality: possible definitions Legal relationship between individuals and states Legal bond between a person and a state implying links to international law

Luciano Scagliotti Citizenship: possible definitions Equal membership in a self-governing political community Sum of legal rights and duties of individuals attached to nationality under domestic law.  Inclusion / exclusion Equality / discrimination

Luciano Scagliotti Citizenship: a complex concept

Luciano Scagliotti European citizenship “A thin layer of additional rights … placed on top of a thicker national citizenship” Introducing a divide between social and political community Defined largely by exclusion (of non MS nationals)

Luciano Scagliotti Rights and duties Political rights (voting) Participatory rights (assembly) Free movement Non discrimination Loyalty (laws, institutions, defence) Social duties (work, self-reliance) Economic duties (taxation)

Luciano Scagliotti Challenges International migration  Multiple affiliations  Political communities across borders. Sub-national groups  Identity as oppression  Political communities within borders

Luciano Scagliotti Trends: EU convergence? No “European model”, but some factors call/push for/towards common standards: Pressure from above and from below Individual MS nationality policy determines rights in all Member States “Copying” other MS answers to problems either/both immigrant “integration” or/and anti-immigrant populism; Trans-national case law Trans-national migrant networks and NGOs’ cooperation.

Luciano Scagliotti Trends ( ) More restrictive in Denmark, France, Greece, the Netherlands, the United Kingdom, Austria) More open in Belgium, Finland, Germany, Luxembourg, Sweden, Portugal, Italy).

Luciano Scagliotti Trends ( ) Facilitated acquisition of nationality (second generation) Reduced residence periods (first generations) Accepted double / multiple nationality Abolition of integration requirements (Belgium ) Restricted rights (2nd generation) Stricter language and integration requirements (1st generations) Increased residence and marriage duration requirements, reduced exemptions (spouses) Formal examinations of language skills and knowledge of society (Denmark, France, The Netherlands, Greece, UK, Austria, Luxembourg 2005) language tests for foreign born nationals (The Netherlands)

Luciano Scagliotti Trends: summing up Yesterday: Naturalisation as a means for integration Today: Naturalisation as the crowning of a completed integration

Luciano Scagliotti EU at work: issues in debate Residential citizenship Equal rights (time constrains) Civic citizenship Comparable rights (e.g. no voting rights) Constitutional patriotism Identity built on shared values and legal framework Cosmopolitan citizenship Equality because of common human nature

Luciano Scagliotti EU at work: action Effective as usual…

Luciano Scagliotti Effects: nationality ≠ residence Divide between social and political community Definition by exclusion Pretence of homogeneity Lack of shared / trusted (constitutional) values

Luciano Scagliotti Effects: nationality vs residence Inclusion deficit  trust-building deficit democratic legitimacy deficit social / economic integration deficit

Luciano Scagliotti Possible approaches Prohibition of nationality discrimination UNDHR, CERD, Recommendation XXX Application / extension art.12 TEC New Community legislation … (lawyers, step in!)

Luciano Scagliotti Possible approaches Extension of nationality /citizenship citizenship of residence, harmonisation Facilitated naturalisation Economic approach free movement of workers, Common (labour) market

Luciano Scagliotti Possible approaches Political / cultural approach Focusing on multiple discrimination Debunking the myth of single identity Building on “diverse diversities”

Luciano Scagliotti Thanks… (…God, it’s over!)