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Report on the Rights and Obligations of Citizens and Non-Citizens in Selected Countries Report on the rights and obligations of citizens and non-citizens in selected countries Principles of eligibility underpinning access to state territory, citizenship and welfare Bridget Anderson, Isabel Shutes, Sarah Walker Document Identifier D10.1 : Report on the rights and obligations of citizens and non-citizens in selected countries Version 1.0 Date Due 31.07.2014 Submission date 31.07.2014 WorkPackage 10 Balancing Citizenship of Insiders and Outsiders Lead Beneficiary 25 The Chancellor, Masters and Scholars of the University of Oxford Dissemination Level PU Change log version Date amended by changes 0.1 18/06/2014 UOXF/ LSE Final draft version created 1.0 14/07/2014 final version deliverable 10.1 created Partners involved number partner name People involved 25 University of Oxford Bridget Anderson Sarah Walker 24 LSE Isabel Shutes 1 Utrecht University Dorota Lepianka 3 University of Zagreb Vedrana Baricevic Drazen Hoffman 13 University College Dublin Graham Finlay 14 Hebrew University of Jerusalem John Gal Dana Halevy 18 University of Oviedo Hans van den Broek Pilar Jimenez Ángel Espiniella Table of Contents EXECUTIVE SUMMARY .................................................................................................................................... 4 INTRODUCTION ............................................................................................................................................... 5 1. CITIZENSHIP AND ITS OTHERS ..................................................................................................................... 7 2. ENTRY .......................................................................................................................................................... 9 2.1 EU citizens .................................................................................................................................. 9 2.2 Third Country Nationals ........................................................................................................... 11 3. NATURALISATION ...................................................................................................................................... 22 3.1 Hierarchies of naturalisation ................................................................................................... 22 3.2 Care and family ........................................................................................................................ 26 3.3 Work ........................................................................................................................................ 31 3.4 Wealth and income ................................................................................................................. 32 3.5 The Naturalisation Process ...................................................................................................... 33 4. SOCIAL SECURITY ....................................................................................................................................... 37 4.1 Work and care ......................................................................................................................... 38 4.2 Residence ................................................................................................................................. 39 5. INTERCONNECTIONS BETWEEN THESE HIERARCHIES OF DESERVINGNESS .............................................. 43 5.1 Mobility, citizenship and social security .................................................................................. 43 5.2 Work: right or duty? ................................................................................................................ 44 5.3 Marriage and Families: Contradictions and connections ........................................................ 46 5.4 Citizenship and the EU ............................................................................................................. 47 6. CONCLUSION ............................................................................................................................................. 49 REFERENCES .................................................................................................................................................. 52 APPENDIX 1: D10.1 TASK 1: OVERVIEW OF PRINCIPLES OF ELIGIBILITY ....................................................... 57 APPENDIX 2: D10.1. EXPLANATORY NOTE ................................................................................................... 60 3 EXECUTIVE SUMMARY This report derives from the work of partners involved in Work Package 10 of the FP7 programme bEUcitizen: Utrecht University (The Netherlands); the University of Zagreb (Croatia); University College Dublin (Ireland); the Hebrew University of Jerusalem (Israel); the University of Oviedo (Spain) and the London School of Economics and the University of Oxford (UK). The report explores the complex dynamics of insiders and outsiders, and their mutual dependence. For inclusion and exclusion are in practice seldom binaries, but marked by shades of difference, by differential inclusion and exclusion. WP10 focuses on the three key axes of mobility, naturalisation, and welfare benefits, all of which intersect to explore the ways in which ‘citizenship’ is both a legal and a normative status, that is, how formal in/exclusion is related to ideas of deservingness and ‘Good Citizenship’. This report explores the interactions of these axes and the differential in/exclusions that result via the six states under study, which enable us to examine EU15 (Ireland, Netherlands, UK, and Spain as a Southern EU state), new member (Croatia) and non-EU (Israel) states. Access to state territory (mobility). In EU member states hierarchies of entry are dependent upon citizenship status, wealth or skills except for those considered part of the diaspora understood as shared ethnicity/common descent (Croatia, Spain, Ireland), or religion (Israel: Law of Return). There is an evident move towards a knowledge-based economy and attracting the ‘brightest and the best’ across the EU, with resultant restricted access for family migration and lower skilled workers. Thus, access revolves around the management of the mobility of ‘the poor’, except where co-ethnicity/ religion provides access to ‘poor’ but in some cases this is curtailed by EU membership. Access to citizenship (naturalisation) Increasingly, in what has been termed the commodification of citizenship, citizenship is premised upon wealth and income, under the guise of ‘integration’. However, there is a difference between those for whom naturalisation is a prize and those for whom it is an entitlement. For those whose access to naturalisation is not shaped by ethnicity/diaspora, naturalisation is a ‘privilege’. In contrast, those whose access is shaped by ethnicity/diaspora often have facilitated naturalisation processes. Thus preferential access to citizenship is evident for some groups. Formal citizenship is an acknowledgment of a prior community. Access to Social Security European citizenship not only reinforces but extends the worker-citizen model: Work (effective and genuine) is increasingly a central requirement to access welfare for both citizens and EEA, save for those whose access is shaped by ethnicity/diaspora. Conclusions Differential inclusion and exclusion: EU nationals residing in an EU state of which they are not a citizen are not totally included – but, neither, necessarily, are nationals (e.g. Roma). Neither are TCNs totally excluded: e.g. TCNs with legal permanent residence have many of the rights of citizens (though not rights as EU nationals). A clear disjuncture between state and nation: for nations large populations are good and lend credibility; for states large populations are expensive. Concerns about the instrumental use of EU citizenship (access to work and benefits) have consequences for member states’ national social security and naturalisation policies. 4 INTRODUCTION “Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and shall not replace national citizenship.” The establishment of EU citizenship in 1992 entailed the establishment of the ‘Third Country National’ (TCN). As citizens of EU member states became EU insiders so citizens of non-EU states were turned into EU outsiders. Work Package 10 of the FP7 programme bEUcitizen explores the complex dynamics of insiders and outsiders, and their mutual dependence. Inclusion and exclusion are in practice seldom binaries, but marked by shades of difference, that is inclusion and exclusion are differential. EU nationals residing in an EU state of which they are not a citizen are not totally included – and importantly, neither, necessarily, are nationals, Roma people for instance may have formal national citizenship but may be excluded in multiple ways. Neither are TCNs totally excluded: TCNs with legal permanent residence for example can enjoy many of the rights of citizens of the state where they reside (though not rights as EU nationals). Furthermore ‘Accession state nationals’ sit between EU nationals and TCNs, while the European Neighbourhood Policy offers TCNs facilitated access to Schengen visas and so on. We are particularly interested in the ways in which measures directed against TCN/EU nationals impact on resident and non-resident citizens. There are multiple axes of
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