This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no 320294

EU

Working paper on rates of failure to qualify for citizenship and trades (Deliverable 3.4)

Europe’s historical citizenship regimes limited economic citizenship to specific groups. As in modern national citizenship regimes, those outsiders who sought to access economic rights needed to meet various criteria. In this paper, we evaluate how often individuals who had begun the process of qualification for economic citizenship failed to complete it. Our focus is on qualification by apprenticeship. This process generated human capital alongside rights. However, as we show for a range of cities, large numbers of youths entering apprenticeship contracts failed to complete them. We consider the nature, frequency and, to the extent that it is possible, the causation of these failures. Our results point to the value of failure as a way to maintain flexibility within labour markets Local, urban citizenship regimes preferred pragmatic responses to labour market tensions to rent seeking.

Download the full paper: D3.4_Exits_FINAL.

 

Working Paper on assessing policy implications for EU citizenship (Deliverable 11.1)

One of the goals of the FP7 project All Rights Reserved? Barriers towards European Citizenship (acronym: bEUcitizen) is to provide policy and decision makers on both the level of the EU and the level of the member states, with knowledge, guidance and tools that can be used to identify possible barriers (and opportunities) for exercising European Union citizenship. Here, an impact assessment framework and practical tools for executing impact assessments may be useful. Impact assessment is the systematic ex-ante evaluation of the likely or possible consequences of policies, programs, projects, laws and other forms of regulation for, in this case, EU citizenship. In this working paper we explore how an EU citizenship impact assessment framework, or impact assessment tools, can look like and on what these should focus. Based on existing literature and outcomes of the bEUcitizen project so far, we identify what impact assessment approaches are favorable, what elements should be included, what requirements should be met (the framework) and what concrete instruments, guidelines and other tools may be useful. To do so, we address five questions.

  1. How narrow or broad should the scope on EU citizenship be?
  2. What perspective or perspectives on impact assessment match which scope on EU citizenship?
  3. What characteristics of the policy goals and policy processes related to EU citizenship have to be taken into account in designing an impact assessment tool?
  4. On what forms of impact and on what subjects and issues should an impact assessment for EU citizenship focus? What do the preliminary results of the bEUcitizen project research teach us about the appropriate focus and subjects of such an assessment framework and tools?
  5. What requirements should impact assessment tool for EU citizenship meet in order to be integrated in existing practices of impact assessment on the level of the EC and the governments of the member states?

Read the working paper here.

Linguistic Landscapes in EU Member States: Politics of Visibility and Presence

Author: Višeslav Raos, University of Zagreb, Croatia

 

ABSTRACT

In this paper, I wish to explore linguistic landscapes in EU member states and the enactment of public visibility and presence of non-majority linguistic groups. Non-majority linguistic groups gain power, visibility and presence through the introduction of bilingual or multilingual signposts on roads, streets, squares and public buildings in towns and cities where a given linguistic group represents a significant population share. In my article, I shall engage in a comparative analysis of language policies of EU member states regarding enactment of official bilingual or multilingual signs in public space. Twenty out of twenty-eight EU member states have singed the European Charter for Regional or Minority Languages, while seventeen member states have ratified it. Although the Council of Europe and not the EU adopted the Charter, the Charter of Fundamental Rights, an integral party of the Lisbon Treaty, stipulates that language diversity is one of the fundamental values respected by the EU. Thus, this comparative research will assess various practices employed by member states’ governments in relation to the proclaimed values of multilingualism. Consequently, the aim of this paper is to depict and compare different language policies that produce linguistic landscapes in EU member states and to determine whether there is a convergence towards a common EU policy on bilingual and multilingual signs in public space.

 

Download the full paper: Raos_Politics of Visibility and Presence

Contesting Citizenship: to what extent do the linguistic challenges of the Polish minority in Lithuania pose a threat to the minority’s integration?

Author: Simona Gribulyte, Utrecht University, The Netherlands

 

ABSTRACT

This paper seeks to investigate the recent language-related challenges posed by the Polish ethnic minority in Lithuania. While exploring the unique historical circumstances between the neighboring countries, a particular attention is given to the general and specific rights and duties of citizenship and the Polish minority in Lithuania. The Poles enjoy the power of using general rights to vote, establish their religious institutions, set up businesses and cultural organisations, use Polish language in the radio or television. The minority has an exceptional right to study in Polish from secondary to tertiary level, yet is also expected to comply with and adapt to state’s legal provisions to become proficient in the Lithuanian language. Although the Lithuanian educational system for minorities is considered as one of the most liberal models in Europe, the ethnic group has responded negatively to the recent provisions by stating that the reform on education, reform on spelling of personal names and place names and land reform are threatening its national identity. The ongoing domestic disputes between Poland and Lithuania disrupt bilateral negotiations on energy security and thus delay further states’ integration into European markets. This study of citizenship and linguistic rights in Lithuania serves to our understanding of politics and language and the function of the latter in the development and preservation of national identity.

 

Download the full paper: Simona Gribulyte_Contesting-citizenship-1

Value in Law – Concept and Applications within the Legal System of the EU

Author: Roberta Astolfi, Universität Göttingen, Germany

 

ABSTRACT

This paper seeks to show a connection between epistemic facets of human language and political aspects of law. It will be tried to show how concepts, which have epistemic functions in the language system, may have both an evaluative and founding function in the legal system of the EU. Thanks to the circular relation “system of concepts-system of language-system of law”, the latter will be capable of adapting to the development of the social community in which it belongs, i.e. the European Union. In addition to this, the aforesaid relation would also allow the legal system to cooperate in the improvement of its (European) milieu.

Download the full paper: Roberta Astolfi – Value in Law concept and applications whitin the legal system of the EU

Pre-language tests: means of integration or barrier to family reunification?

Author: Gracy Pelacani, University of Trento, Italy

 

Abstract

Language is a means to participate in society. Even more for migrants, the knowledge of the language of the host state is a fundamental instrument to attain integration. European Union member states seem to have fully comprehended its importance, and, in 2012, language has been the ambit with the most important expenditure related to migrants’ integration. However, what are the possible consequences on individual rights when language proficiency is transformed in a requirement to be fulfilled in order to be allowed to migrate, i.e. in an admission condition? The question arises as regard language and civic tests which use is spreading across EU member states. The employment of integration-from-abroad instruments, in fact, risks to be discriminatory, especially in relation to the most vulnerable among would-be migrants, such as women, minors or illiterate persons.

The EU and the CoE guidelines on integration, and on admission schemes in particular, suggest to adopt a needs-based approach and tailor-made courses, recommendations which are not always followed in the use of pre-admission language tests. Therefore, it appears that more as an integration instrument, they are utilised as tools to select and curb the entry of undesirable third-country nationals. Eventually, the responsibility for integration is put on migrants’ shoulders, and this demonstrates that member states demand integration to be an ex-ante result rather than a two-way process.

Particularly in the case of family reunification, pre-language tests could turn into a disproportionate obstacle in the exercise of a right which fundamental nature has been extensively recognised. The contrariety of such a requirement to EU law on family reunification and rights of EU citizens have been acknowledged by the European Commission and Parliamentary Assembly of the Council of Europe. Recently, the Court of Justice of the European Union has found the German pre-language test to put a disproportionate obstacle to family reunification in a case regarding a Turkish citizen, and a decision is awaited on a similar provision in Dutch legislation.

The paper aims to enter into details of the case-law just mentioned in order to describe the most problematic aspects of the matter that have been brought recently to the Court of Justice attention.

 

Download the full paper: Gracy Pelacani

 

Moravian Political Parties: The story of almost forgotten regionalist attempt in the Czech Republic

Author: Vít Hlousek, Masaryk University, Czech Republic

 

ABSTRACT

The paper deals with history and political impact of „Moravist“ or Moravian political representation. The movement that started already during the 1968/1969 period to rise claims of Moravian political autonomy or “home rule” and that was transformed after 1989 into the full-fledged political party to compete for chairs in Czech diet and Czechoslovak federal parliament presents an interesting example of failed attempt in regional and later on even ethnic mobilization in the history of recent Czech politics. The paper will focus on development of the Movement for Autonomous Democracy – Society for Moravia and Silesia and the parties and movements that followed after the disintegration of the movement in mid-1990s. Second aim of the paper is to analyse and evaluate strategies employed by Moravian regionalist parties in regard to valorisation the issue of regional minority claims. Original appeal of the Movement for Autonomous Democracy was based on claims for territorial autonomy lost during the communist period. Later on, together with marginalization of political relevance of Moravian parties and politicians (loss of parliamentary relevance after 1996), clear trend towards radicalization could be observed. The new generation of Moravian activists reframed actually the minority claims from territorial / regionalist context to the language of oppressed national minority distinctive from and suppressed by the Czech majority. This “invention” of separate Moravian “nationality” was by far the most original, though unsuccessful, attempt how to mobilize along the cleavages of ethnic politics in the Czech Lands after 1989.

 

Download the full paper: Hlousek Zagreb 2015 paper Moravia2

Examining Tingsten’s Law of Dispersion: Can Higher Turnout Reduce Political Inequality?

Author: Michal Novy, Masaryk University, Czech Republic

 

ABSTRACT

Since some people are engaged in politics through their votes and others are not, it could be said that participation in elections is unequal. Many scholars argue that those who cast a ballot are mostly the socially privileged, and hence, policies enacted through legislative bodies are biased in favor of advantaged segments of society. According to Herbert Tingsten’s law of dispersion, originated in the 1930s, there might be a close relationship between the levels of voter turnout and political inequality: the higher the turnout, the lower the level of inequality. From this point of view, this study examines whether the countries which show high turnout rates are these where the level of political inequality is the lowest possible, and vice-versa. In order to get an adequate answer, the empirical analysis that utilizes the data from the European Social Survey (Rounds 4-6) is introduced below. Its results signify that Tingsten’s supposition is far from being a universal pattern of political behavior.

 

Download the full paper: Novy_Tingsten_s_law

Constitutional Protection of Economic Rights in EU Member States

Authors: Margarita Argüelles Vélez, Carmen Benavides González and Silvia Gómez Ansón, Universidad de Oviedo, Spain

ABSTRACT

The Charter of Fundamental Rights of the European Union defines the economic the rights of European Citizens. In principle, given that the EU Charter constitutes a common base for the protection of economic rights in the member States, one would expect that constitutional recognition of economic rights in member States would not differ much. This paper describes the recognized economic rights in all EU member States and analyzes possible factors (such as legal origin, geographical location and history, or the type of Welfare State) that may help explain observed similarities and differences in the protection of citizen’s economic rights by EU member States. For that purpose, after categorizing economic rights, we have built a comprehensive database of economic rights and their level of protection in the Constitutions of all EU member States using as data source the database developed by the Toronto Initiative for Economic and Social Rights3, and the constitutional legal texts of member States. This data base reveals interesting differences in recognition of economic rights by EU member States.

 

Download the full paper: MA&CB&SGA

EU Citizenship: reality or fiction? A Law&Literature approach to EU citizenship

Author: Pauline Phoa, Utrecht University, The Netherlands

 

1. Introduction

(Ulysses:)

O noble youth! and worthy of thy sire!

When I like thee was young, like thee of strength

And courage boastful, little did I deem

Of human policy; but long experience

Hath taught me, son, ’tis not the powerful arm,

But soft enchanting tongue that governs all.1

 

It may be a cliché, but we legal professionals use a lot of words. Is our choice of terms irrelevant? Is our vocabulary “normatively innocent”? What does it mean to use a certain word? How do we interact with our texts, and how do our (legal) texts shape reality?

The Law and Literature approach in legal theory teaches us that the law is not just a set of rules or institutions; it is a rhetorical and literary activity, and it can be analyzed as such.2 In Law&Literature methodologies, law is seen as an institution based on the idea of recognizing and understanding the other (literally and figuratively), a process in which one can tell her own story and be heard, thus, “law is a method of integration”3 or even “an artifact that reveals a culture”.4 In that sense, law is also symbolic: it plays a role in creating identity, and it can strengthen social cohesion.

EU law can thus be viewed as a normative and narrative corridor in which stories and values meet, and culture and communities are constituted. What happens if you take the aforementioned literary-legal point of view, and ‘unpack’ or deconstruct landmark cases on EU citizenship? What narrative(s) of EU citizenship may we find? What are its central terms of meanings and value? Is the notion (or narrative) of EU citizenship stable and determinate? If not, should we strive for that stability and determinacy, or should we keep re-imagining the EU citizen, ever-evolving, never reaching an end-point? What can we learn about narratives of in- and exclusion from classic works of literature, such as Philoctetes, by Sophocles?

In this paper, the author argues how a Law and Literature approach to EU citizenship helps to understand the way in which legal narratives shape EU citizenship rights.

 

Download the full paper: PPHOA Zagreb citizenship fact or fiction August 2015 revised