Migrants, states, and EU citizenship's unfulfilled promise

Abstract

A constant aim of EU citizenship, and indeed the entire project of European integration, has always been to lower barriers and create a common space. If the complete elimination of national borders remains elusive, their importance has been diminished in striking ways by the development of EU citizenship and the ban against nationality based discrimination. Yet the barriers to free movement have been lowered in differential ways. Most citizens of EU member states now enjoy residence, employment and other rights throughout Europe. The extension of some rights to some categories of citizens of some new member states is admittedly sometimes subject to transition periods, but these expire. By contrast, third country nationals – individuals who do not hold citizenship of one of the member states, even though they may have resided for many years, or even been born in Europe – remain largely excluded from the benefits of EU citizenship. Various initiatives over the years have opened up limited rights for third country nationals. But the difficulty of enacting these rights, and current moves to more restrictive immigration and naturalization policies, highlight the continuing exclusivity of EU citizenship: immigrants migrate to national polities, and they become European only by virtue of incorporation into national states. This means that EU citizenship's transformative potential remains unrealized.