This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU’s electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still very sensitive for national sovereignty such as immigration, nationality and naturalisation.
This text describes and analyses these two key areas of EU law. It focuses on the internal and external dimensions of the law governing the operation of the single market, the creation and regulation of the single currency, the law governing the status of citizens and non-citizens in the context of the creation of an Area of Freedom, Security and Justice, and the law of the social dimension and other flanking policies, such as environmental policy.
This book is the first comprehensive examination of the citizenship regimes of the new states that emerged out of the break up of Yugoslavia. It covers both the states that emerged out of the initial disintegration across 1991 and 1992 (Slovenia, Croatia, Bosnia-Herzegovina, the Federal Republic of Yugoslavia and Macedonia), as well as those that have been formed recently through subsequent partitions (Serbia, Montenegro and Kosovo). While citizenship has often been used as a tool of ethnic engineering to reinforce the position of the titular majority in many states, in other cases citizenship laws and practices have been liberalised as part of a wider political settlement intended to include minority communities more effectively in the political process. Meanwhile, frequent (re)definitions of these increasingly overlapping regimes still provoke conflicts among post-Yugoslav states.
This volume shows how important it is for the field of citizenship studies to take into account the main changes in and varieties of citizenship regimes in the post-Yugoslav states, as a particular case of new state citizenship. At the same time, it seeks to show scholars of (post) Yugoslavia and the wider Balkans that the Yugoslav crisis, disintegration and wars as well as the current functioning of the new and old Balkan states, together with the process of their integration into the EU, cannot be fully understood without a deeper understanding of their citizenship regimes.
This book was originally published as a special issue of Citizenship Studies.
1. Introduction: Citizenship in the New States of South Eastern Europe Jo Shaw and Igor Štiks 2. A Laboratory of Citizenship: Shifting Conceptions of Citizenship in Yugoslavia and post-Yugoslav States' Igor Štiks 3. Imagining and managing the nation: tracing citizenship policies in Serbia Jelena Vasiljević 4. Understanding Montenegrin citizenship Jelena Dzankić 5. Overlapping Jurisdictions, Disputed Territory, Unsettled State: The Perplexing Case of Citizenship in Kosovo Gëzim Krasniqi 6. Conceptualising Citizenship Regime(s) in post-Dayton Bosnia and Herzegovina Eldar Sarajlić 7. The Fractured ‘We’ and the Ethno-National ‘I’ – the Macedonian Citizenship Framework Ljubica Spaskovska 8. Framing the citizenship regime within the complex triadic nexuses: The case study of Croatia Viktor Koska 9. In the name of the Nation or/and Europe? Determinants of the Slovenian citizenship regime Tomaž Deželan
Making European Citizens examines the forms of transnational citizenship developing in Europe. Previous discussions have focused on the construction of a European identity and the granting of common European rights, but rarely explore whether citizens have developed the capacity for self-rule. Active citizenship involves more than simply voting. Citizens must be able to organize socially and politically as well. Achieving such mobilization at a transnational level may involve new democratic techniques and skills. The volume explores how far European citizens have acquired the requisite methods and qualities.
The Convention on the Future of Europe expores issues of legitymacy and subsidiarity in the debate about the Futore of Europe. It looks at the assumptions behind the Constitutional Covention and its working methods as well as its implication for the reform process in the European Union. It also analyses the concept of subsidiarity both from the perspective of the division of powers and as a factor legitimising the political structures of Europe. Furthermore, the book provides an analysis of how the Constitutional Convention fits into the broader costitutionalisation process of the European Union. This Federal Trust series is essential reading for all practitioners and students of European Integration, as well as for national policy-makers, business and the media. Other titles include Andreas Maurer-'What next for the European Parliament'; David Coombes- 'Seven Theorems in Search of the European parliamnet; Roger Morgan and Michael Steed (eds)- ' Choice and represetation in the European Union'; Lord Plumb, carole Tongue and Florus Wijsenbeek - Shaping Europe: reflection of Three MEPs; and Martyn Bond (ed.)- ' Europe, Parliaments and the Media (forthcoming). The Convention on the Future of Europe expores issues of legitymacy and subsidiarity in the debate about the Futore of Europe. It looks at the assumptions behind the Constitutional Covention and its working methods as well as its implication for the reform process in the European Union. It also analyses the concept of subsidiarity both from the perspective of the division of powers and as a factor legitimising the political structures of Europe.
Social law and policy have been moving increasingly into the mainstream of the European Union. There have been important changes to the Treaty framework for enacting social policy, bringing the role of the social partners to the fore. New Treaty provisions for adopting discrimination legislation have highlighted the potential role of the EU in combatting aspects of social exclusion, and in challenging disturbing phenomena such as racism and xenophobia. Social policy is increasingly linked to the emerging notion of Union citizenship. The arrival of the single currency in 1999 is now matched by a more pro-active EU-level policy on employment and the labour market. The analyses in this collection address these and other questions against the backdrop of the longstanding controversies over the nature and scope of EU social policy, including the UK's opt-out from certain provisions between 1993 and 1997, and the ongoing debate about whether EU social policy has, or should have, a social or an economic rationale.
It is the aim of this collection of essays to broaden the horizon of scholars, particularly those in law, by exploring from a range of theoretical positions the often unchallenged assumptions of the European Union, the Single Market, the institutions which have created and still control it, and the policies which continue to shape its future. The contributors offer a shared belief in the value of theory as a tool to explore new dimensions of the subject. Thus readers will find essays on the Single Market, Market citizenship, migrant workers, social policy, labour market flexibility, the GATT and community law, the free movement of goods, EC utilities law and policy, telecommunications, legislative review, litigation strategy and the EOC, community tax law, and the European Union and postmodernism.
Jo Shaw, Nina Miller 'When legal worlds collide: an exploration of what happens when EU free movement law meets UK immigration law' (2013) European Law Review vol 38, pp137-166
This article explores the interactions between the EU rules on the free movement of persons and the institutions and legal structures of UK immigration law, by providing a case study of the implementation of EU free movement rules in the United Kingdom in relation to immigration-related questions such as first entry and residence, stability of residence and family reunion. The research is based on the analysis of both legal doctrine and interview data. The narrow conclusion of the article is that adversarial relationships between the various stakeholders have arisen in this domain, and may hinder the effective application of EU law. In some fields, there has been a consistent failure to apply the correct EU principles at national level, especially on the part of the UK Border Agency. The broader conclusion concerns the capacity of this type of contextualised analysis to provider richer comparisons between legal sectors and Member States, offering a more nuanced view of how the worlds of EU law and national law intersect.
Jo Shaw 'Scotland: 40 years of EU Membership' (2012) Journal of Contemporary European Research Volume 8, Issue 4, 547-554
This special issue of Citizenship Studies comes out of the first phase of research conducted under the aegis of the CITSEE project (The Europeanisation of Citizenship in the Successor States of the former Yugoslavia), during which the research team concentrated on in-depth country case analyses. This introduction briefly presents the CITSEE project, locating it within the broader frame of current trends in citizenship studies, and defines the notion of citizenship regime as it is used in the following analysis, before highlighting some critical and common elements that emerge in the papers, including the ongoing processes of Europeanisation evident in the region.
Jo Shaw 'Citizenship within and across the Boundaries of the European Union' (2011) Transitions Vol 51, 43-57
Jo Shaw 'Citizenship and political participation: the role of electoral rights under European Union law' in B Fanning, R Munck (eds) Immigration and the Irish Experience of European and Global Social Transformation (Ashgate, 2011) 81-92
Jo Shaw 'Political Rights and Multilevel Citizenship in Europe' in S Carrera and E Guild (eds) Illiberal Liberal States: Immigration, Citizenship and Integration in the EU (Ashgate, 2009) 29-49
Jo Shaw 'Citizenship and Electoral Rights in the Multi-Level ‘Euro-Polity’: the case of the United Kingdom’' in Hans Lindahl (eds) A right to Inclusion and exclusion? (Hart, 2009) pp241-253
Jo Shaw, Jo Hunt 'Fairy Tale of Luxembourg?: Reflections on Law and Legal Scholarship in European Integration' in D. Phinnemore, A. Warleigh (eds) Reflections on European Integration: 50 Years of the Treaty of Rome (Palgrave, 2009) pp93-108
Jo Shaw 'The constitutional development of citizenship in the EU context: with or without the Treaty of Lisbon' in I Pernice, E. Tanchev (eds) Ceci n’est pas une Constitution – Constitutionalisation without a Constitution? (Nomos, 2009) pp104-118
Jo Shaw 'Citizenship and Enlargement: the outer limits of EU political citizenship' in Catherine Barnard and Okeoghene Odudu (eds) The Outer Limits of European Union Law (Hart Publishing, 2009) pp63-88
Jo Shaw 'A New Constitution for the European Union' in M. Guibernau (eds) Governing Europe: the developing agenda (The Open University, 2006) 2-1 - 2-32
Jo Shaw, Stephen Day 'Transnational Political Parties' in Jo Shaw, Richard Bellamy and Dario Castiglione (eds) Making European Citizens (Palgrave, 2006) 99-117
Jo Shaw, Anthea Connolly and Stephen Day 'The Contested case of EU electoral rights' in Jo Shaw, Richard Bellamy and Dario Castiglione (eds) Making European Citizens (Palgrave, 2006) 31-55
Jo Shaw, Richard Bellamy and Dario Castiglione 'Introduction: From National to Transnational Citizenship' in Jo Shaw, Richard Bellamy and Dario Castiglione (eds) Making European Citizens (Palgrave, 2006) 1-28
Jo Shaw 'What happens if the Constitutional Treaty is not ratified?' in I. Pernice and Jiri Zemanek (eds) The Treaty on a Constitution for Europe: Perspectives after the IGC 2004 (Baden-Baden, 2005)
Jo Shaw 'The Constitutional Treaty and the Question of Ratification: Unscrambling the Consequences and Identifying the Paradoxes' in P. Xuereb (eds) The Constitution for Europe: An Evaluation? (EDRC, 2005) 1-33
Jo Shaw 'The Treaty establishing a Constitution for Europe: a forwards-looking and outward-looking document?' in P. Xuereb (eds) The Value(s) of a Constitution for Europe (EDRC, 2004) 9-25
Jo Shaw 'Process, Responsibility and Inclusion in EU Constitutionalism: the challenge for the Convention on the Future of the Union' in M. Zuleeg (eds) Der Beitrag Walter Hallsteins zur Zukunft Europas: Refarate zu Ehren von Walter Hallstein (Baden-Baden, 2003) 71-92
Jo Shaw 'Flexibility in a 'Reorganised and Simplified' Treaty' in B. de Witte (eds) Ten Reflections on the Constitutional Treaty for Europe (EUI/RSC/AEL, 2003) 187-205
Jo Shaw 'Enhancing Cooperation after Nice: Will the Treaty do the Trick?' in P.G. Xuereb (eds) The Future of the European Union. Unity in Diversity (European Documentation and Research Centre, 2002) 77-119
Jo Shaw 'The Legal and Constitutional Implications of the Treaty of Nice' in K. Feus (eds) The Treaty of Nice Explained (The Federal Trust for Education and Research, 2001) 97-113
Jo Shaw 'Gender and the European Court of Justice' in G. De Burca and J.H.H. Weiler (eds) The European Court of Justice (Oxford University Press, 2001) 87-142
This paper considers the prospects for EU citizenship in the current EU economic and political crisis. It contrasts the neglect of the concept of EU citizenship on the part of Member States, including their willingness to trample on many aspects of the free movement principle, with the interest in EU citizenship shown by substate political actors in Scotland, where an independence referendum is under consideration.
This paper presents the basic framework of the CITSEE project (the Europeanisation of Citizenship in the Successor States of the Former Yugoslavia). It covers the basic objectives, approach and methodology of the study, which develops an approach to studying citizenship through so-called 'constitutional ethnography'. The paper explains some basic terminological definitions used in the project, and reviews the key areas where CITSEE is expected to contributed to intellectual debate and theoretical understandings.
Jo Shaw 'The constitutional mosaic across the boundaries of the European Union: citizenship regimes in the new states of South Eastern Europe', CITSEE Working Paper Series, 2010/07 (CITSEE, 2010)
This paper begins by examining the relationship between citizenship of the European Union and national citizenship, and in particular the significance of EU law for the regulation of the acquisition and loss of citizenship in EU Member States, as part of a wider enquiry into how the citizenship regimes of the seven 'successor states' of the former Yugoslavia can be located within a 'constitutional mosaic' of overlapping and sometimes competing legal norms. It identifies six primary instruments whereby non-state sources of law impact upon the citizenship regimes of these states: compliance with international human rights norms; EU conditionality; direct intervention by international organisations; direct supervision by international organisations; other forms of international pressure; and overlapping citizenship regimes between the successor states. As part of a wider task of shifting attention onto the citizenship regimes of these states in the context of processes of Europeanisation as well as polity-building at the state and regional level, the paper concludes that polity-building and the processes of constructing citizenship regimes will remain closely intertwined for the foreseeable future.
This paper explores the different ways in which citizenship has played a role in polity formation in the context of the European Union. It focuses on both the ‘integration’ and the ‘constitution’ dimensions. The paper thus has two substantive sections. The first addresses the role of citizenship of the Union, examining the dynamic relationship between this concept, the role of the Court of Justice, and the free movement dynamic of EU law. The second turns to citizenship in the Union, looking at some recent political developments under which concepts of citizenship, and democratic membership as a key dimension of citizenship, have been given greater prominence. One key finding of the paper is that there is a tension between citizenship of the Union, as part of the EU's ‘old’ incremental constitutionalism based on the constitutionalisation of the existing Treaties, and citizenship in the Union, where the possibilities of a ‘new’ constitutionalism based on renewed constitutional documents have yet to be fully realized.
As a contribution to a collection focusing on immigration in Ireland, this paper provides the broader EU political and legal context to issues of political participation of non-citizens in domestic elections. The paper surveys both the EU electoral rights themselves, under the EU Treaties, and also the intersection between these rights and national political practices which grant, or deny, political participation rights to all migrants, regardless of whether they are EU citizens or third country nationals.
This paper explores recent citizenship debates in the United Kingdom, in particular the proposal contained in a report prepared by Lord Peter Goldsmith at the behest of Prime Minister Gordon Brown to restrict rights to vote in UK elections to UK citizens, with the only exceptions being those laid down by EU law. The discussion is placed in the context of the evolving concept of citizenship in the European Union and its Member States, and for the purposes of the detailed analysis, deploys a composite concept of 'European citizenship', which combines both EU citizenship in the narrow sense, and national citizenship.
The focus of this paper is on the rights of non-nationals to vote in local elections on the basis of residence, rather than nationality. This is already well established in the EU context, as a result of the introduction of local electoral rights as part of the citizenship package contained in the Treaty of Maastricht. A number of Member States go further and confer the right to vote in local elections on third country nationals as well, but this extension has by no means been universal. This paper explores some of the political and legal tensions which arise where there are debates and conflicts within states, across different territorial and political units, about whether or not to extend electoral rights to non-nationals. The paper seeks to explore the types of claims or arguments made for the exercise of regional or local autonomy, e.g. within federal states, in favour of extending electoral rights where the national policy is more restrictive. It emphasises in particular the significance of constitutional barriers in a number of states where experimentation at the subnational level has been attempted, notably Germany and Austria. It suggests also that the case for subnational experimentation can be linked, as it may be increasingly in Scotland as the UK's current devolution scheme continues to evolve, to broader political questions about a state's political and territorial settlement.
Jo Shaw 'One or Many Constitutions? The Constitutional Future of the European Union in the 2000s from a Legal Perspective', SIEPS Occasional Papers, 2007:2 (Swedish Institute of European Policy Studies, 2007)
This paper assesses the rise and fall of debates about constitutionalism in the European Union from 2000 until 2006.
Papers and Presentations
Jo Shaw 'European citizenship: an unfinished legal concept' presented at Citizenship and the Lisbon Treaty –Can the British ever be European citizens?, London, 2011
Jo Shaw 'European Citizenship within and across the borders of the EU' presented at EUROPE BEYOND THE STATES. The Role of Southern European Sub-States in Immigration and Other Public Policies, New York University, 2011
Jo Shaw 'European Citizenship within and across the boundaries of the European Union' presented at Europe in the Emerging World Order. Searching for a New Paradigm, Belgrade, Serbia, 2010
Jo Shaw 'The Constitutional Mosaic Across Across the Boundaries of the European Union: Citizenship Regimes in the New States of South Eastern Europe' presented at Law Beyond the Nation State: A Symposium, University of Newcastle, 2010
Jo Shaw, Igor Stiks 'The Europeanisation of Citizenship in the Former Yugoslavia' presented at Bosnia: Looking Beyond the Institutions, Palace of the Academies, Brussels, 2010
Jo Shaw, Igor Stiks 'Citizenship and Europeanisation in the new Balkan states: key constitutional questions' presented at Workshop on Europeanization and Enlargement, Bucharest, 2010
The focus of this paper is the citizenship regimes of the seven states now established on the territory of the former Yugoslavia, viewed in their wider European context.
The paper identifies six principal mechanisms through which exogenous pressures are brought to bear upon these regimes:
• Adoption of and compliance with international norms
• EU conditionality
• Direct intervention by international organisations
• Direct supervision by international organisations
• Other forms of international pressure
• The effects of overlapping regimes between neighbouring states
Together these mechanisms contribute to what the paper terms a mosaic-like pattern of intersecting norms which govern the multilevel citizenship regimes which exist in this complex and rapidly changing legal, political and territorial space. Thus even in relation to an issue where ostensibly the EU has no competences as such, that is in relation to the acquisition and loss of national citizenship, distinct effects on citizenship regimes can be seen in a number of the new Balkan states. Alongside various forms of adaptive compliance with ‘international standards’ in relation to norms of citizenship acquisition and loss, we can also see cases of resistance and non-compliant absorption of international pressures. These points are illustrated by reference to the framework rules governing the boundaries of membership, when viewed in the context of one of the most fundamental elements of European integration, namely the organisation and re-organisation of borders and the principles of freedom of movement.
The aim of this paper is to provide a preliminary mapping of these effects, with a view to sketching out a comparative framework for further research into national citizenship regimes under the shadow of Europeanisation in its broadest sense, comprising not only the effects of European Union laws and policies, but also other practices and norms of regional integration. In methodological terms, therefore, the broader challenge of the paper and of the research which underpins it is to bring about a better understanding of the relationship between legal scholarship which focuses on patterns of EU and international legal norms and their domestic impacts, and the wider literature of ‘Europeanisation’, mainly located within the disciplines of international relations and comparative politics. At present these two literatures rarely intersect. We hope to start a more extended conversation between them.
Jo Shaw 'The constitutional mosaic across the boundaries of the European Union: citizenship regimes in the new states of South Eastern Europe' presented at Rethinking Legal Thinking, University of Helsinki, 2010
Jo Shaw 'Citizenship Regimes in the New States of South Eastern Europe: Thinking About the Mosaic' presented at UACES:Exchanging Ideas on Europe: Europe at a Crossroads (2010), Bruges, Belgium, 2010
Jo Shaw 'Citizenship: European and Comparative Perspectives' presented at Long Term Residence and Naturalisation in Contemporary Britain, Middlesex University, 2010
Jo Shaw 'Citizenship regimes and practices in the new Balkan states: mapping Europeanisation effects' presented at Citizenship and Democracy: Memberships, forms of participation, within and across European territories, Lille, 2010
Jo Shaw 'Citizenship in Times of (Re)integration: the European Union and Post-Yugoslav States' presented at ASEEES Convention, Los Angeles, 2010
Jo Shaw 'The impact of citizenship across the boundaries of the European Union' presented at Political Identities and Identity Politics in Bosnia-Herzegovina, Universite de Geneve, Geneva, 2009
Jo Shaw 'Citizenship in the Enlarged EU' presented at Enlargement – Five Years After: The State of European Integration and New Challenges for the Discipline, Central European University, Budapest, 2009
Jo Shaw 'EU law and nationality law of the Member States' presented at EUCITAC Plenary Conference, European University Institute, Florence, 2009
Jo Shaw 'The implementation of the Citizens’ Rights Directive in the UK' presented at Presentation to the Scottish Lawyers' European Group, Faculty of Advocates, Edinburgh, 2009
Jo Shaw 'Citizenship in the European Union: a stock-taking exercise with examples' presented at Jean Monnet Advanced Course in EU Law, Inter-University Centre, Dubrovnik, 2009
Jo Shaw 'Studying citizenship in the European Union' presented at TICOM Talks, Tilburg Institute of Comparative and Transnational Law, 2009
Jo Shaw, Igor Stiks 'Soft Law and European Citizenship' presented at International Jean Monnet Conference 'OPEN METHODS OF COORDINATION' - European Social Model vs. Internal Market, University of Rijeka, Croatia, 2009
At first sight, it would appear that the concept of soft law is of little relevance in the field of EU citizenship. While the concept of EU citizenship is rather limited when compared to national citizenship, nonetheless it seems to be entirely a creature of (hard) law, both in terms of the concept as defined in the EC Treaty and in terms of the case law of the Court of Justice which has been extremely influential in extending the tentacles of that concept into the interstices of national law, especially national immigration law and national welfare law.
According to a terminological glossary developed by the European Foundation for the Improvement of Living and Working Conditions:
‘Soft law is the term applied to EU measures, such as guidelines, declarations and opinions, which, in contrast to directives, regulations and decisions, are not binding on those to whom they are addressed. However, soft law can produce some legal effects.’
That same glossary entry goes on to argue that soft law is used where the Member States are unable to agree upon the use of hard law mechanisms. This understates the complexity of arguments which attach to the development of concepts such as citizenship which are heavily imbued with the symbols and practices of sovereignty, and fails adequately to capture the dynamics of two areas where soft law has been used in relation to European citizenship, in such a way as to blur its sharp edges:
• In relation to the status of third country nationals under EU law, for whom the Commission proposed in the aftermath of the Treaty of Amsterdam a vision of a status akin to a form of EU citizenship-lite in which they would enjoy most of the rights under EU law given to nationals of Member States who are resident in other Member States
• In relation to external conditionality in relation to accession, where there has been some evidence in relation to the Western Balkan states to show that EU law has had direct and indirect effects vis-à-vis national citizenship law definitions, but these effects have taken the form of ‘soft’ rather than ‘hard’ law pressure (i.e. there are no formal enforcement mechanisms).
Jo Shaw 'Citizenship at the Boundaries of Europe' presented at The end of the post-1992 European legal order?, University of Hull, 2009
Jo Shaw 'Citizenship and electoral rights in the multi-level ‘Euro-polity’: The case of the United Kingdom' presented at Implications of Migrant Citizenship Acquisition, IMISCOE Cluster B3 Conference, Malmo, Sweden, 2009