Right to Citizenship in Seccession A Case Study of the Scottish Referendum

Outline Ziegler: voting rights equal citizenship rights Baubock: different polities mean different rights How concepts relate to Scottish Referendum Case study: Slovenia Case study: Catalonia Conclusion and Questions

Central Questions 1.Who should vote in an independence referendum? 2.Who should be offered citizenship if referendum results in independence? 3.Who provides legitimacy? Is there innate legitimacy?

Who should vote in the Scottish Referendum? Ziegler: Kick-off Contribution Stakeholders are those who will be given citizenship Stakeholders should be allowed to vote Therefore all prospective citizens of Scotland should be allowed to vote

Who should vote in the Scottish Referendum? Baubock: Regional ctizenship and self-determination Stakeholders are more than prospective citizens, eg. permanent residents and rUK citizens Referendum is carried out as a region not as a prospective country Allowing prospective citizens to vote preempts independence

Scottish Referendum Voting Rights Adheres to Ziegler: Scottish citizens resident in Scotland can vote Contrary to Ziegler Scottish citizens not resident in Scotland can't vote Adheres to Baubock: Permanent residents of rUK, Commonwealth and EU can vote Contrary to Baubock: 16 and 17 year olds can vote

Scotland’s independence Identifying ‘the people’ and some implications of Kurić v Slovenia"

Kurić v Slovenia 1990 Independence referendum in Slovenia. Internal citizens and permanent residents voted. Slovenia became independent.

Kurić v Slovenia Internal citizens got the citizenship automatically but not the permanent residents. Permanent residents were offered citizenship but they have to apply. The Court Decision: "You keep the right of residence even if the legal status of either your home or your host state changes"

“What matters is that you had the right at the moment of the change of the territorial status” European Convention on Human Rights

Scottish referendum: Jure Vidmar (i) potential future Scottish citizens residing in rUK (the rest of the UK); (ii) potential future Scottish citizens residing in other EU member states; (iii) UK citizens residing in Scotland who will not opt for Scottish citizenship; (iv) non-UK EU citizens residing in Scotland who will not qualify or opt for Scottish citizenship.

Scottish referendum: Jure Vidmar All the categories of people retain their present residence rights as an effect of the ECHR and regardless of what happens with Scotland’s EU membership.

Scottish referendum: Jure Vidmar Referendum also had meaningful effects on the citizenship rights due to uncertainty surrounding Scotland’s EU membership. So, if Scotland became independent and remained outside of the EU, Scottish citizens in Europe would only be able to continue their residence. But would no longer be entitled to exercise EU free movement rights.

Case of Catalonia Referendum

Catalonia Referendum Voting Rights Who is able to vote according to the Catalan Government? Persons who are at least 16 years old as of 9 November 2014 and meets these criteria: “Spanish citizens whose national identity card states they are residents in Catalonia; Spanish citizens who live out of Spain and are registered as ‘Catalans abroad’ or ‘Spaniards abroad’ linked to a Catalan municipality; all non-Spanish citizens who can prove they are residents in Catalonia” Who would have right to citizenship if Catalonia secedes? “The State is for Everyone” “Anyone that wishes to live work and has the will to be Catalan”

Who should vote in the Catalonia Referendum? Jaume Lopez The Spanish Constitution prohibits the holding of regional referendums. Political Consultations given as an alternative. The vote belongs to the Catalan Demos, regional citizens Fundamentally mistaken due to age voting age limit of 16 Montserrat Guibernau Is this a legally binding referendum on independence? All Catalans and Spanish citizens who are legally resident in the municipalities of Catalonia should be offered citizenship Focuses on the ‘will’ of the individual to belong to that nation

November 9 Symbolic Vote Outcome 2 million Catalonians casted votes in the participative voting process Provisional results show 80% are in favor of independence 10 % voted Yes to the first question, and no to the second Only 4.5% have voted No What's next? Grassroots Movement Pressure the central government for more tax and political autonomy Appeal the Constitutional Court's decision "We have earned the right to a referendum" President Artur Mas

Similarities and Differences Similar voting rights: citizens (born in the region) and permanent residency Prospective Citizenship differs: Catalan: inclusive - anyone who has the will Slovenia: Give residents opportunity to become citizens Scotland: exclusive - citizens born in the region Legitimacy differs: Slovenia: Yugoslavia dissolving, legitimacy automatic/self-determined UK: Central government gives self-determination rights Catalan: Central government denies self-determination rights

Concluding Questions Does Vidmar (Slovenia) Lopez and Gibernau (Catalonia) adhere more to Ziegler or Baubock? Does granting a different population voting or political rights have an implication on their rights as civil or social citizens? Who should give legitimacy to the outcomes of the referenda? The original state (eg. Spain or English Parliament)? The locality (eg. Catalonia or Slovenia?) Who should decide who decides?