European citizenship establishes a precedent whereby the exercise and
protection of rights - the practice of citizenship - is no longer contingent
on residency within the jurisdiction of national citizenship. Free
movement rights have allowed European citizens to cross borders and
participate more nearly as political and legal equals within the host
society. At the same time, however, European citizenship has largely
failed to account for the past or future migration of third-country
nationals (TCNs) - those who are not citizens of any Member State - into
or within the European Union. As a result, the creation of European
citizenship has arguably had the unfortunate side effect of further
distinguishing and excluding TCNs from the emerging European society.
This Note argues that the current legal status of TCNs hinders successful
diversity management by individual Member States, undermines
European integration, and deprives TCNs of fundamental rights. The
Note proposes that European citizenship should be expanded to allow
TCNs to acquire European citizenship without the simultaneous
authority over the citizenship status of TCNs would benefit the project of
migrant integration into local, national, and transnational societies and
help further the democratization of European governance. In addition, a
redefined European citizenship could trigger a fundamental rethinking of
national citizenship, potentially undermine the destructive influence of
the extreme right, and, perhaps, lead to a more complete decoupling of the
political and legal content of citizenshipfrom the idea of nation.
Becker, Michael A.
"Managing Diversity in the European Union: Inclusive European Citizenship and Third- Country Nationals,"
Yale Human Rights and Development Law Journal: Vol. 7
, Article 5.
Available at: https://digitalcommons.law.yale.edu/yhrdlj/vol7/iss1/5