Chapter 6 analyses the ambiguous relation between rights and citizenship in the EU on the potential of EU citizenship to transform consumer rights into consumer citizenship. He holds the relationship between citizenship and rights in general as ambiguous: any concept of citizenship rests on rights, whereas rights do not necessarily constitute citizenship. The European Community has shaped rights for quite a long time. The treaties constitute rights of free movement and citizenship; the European Court of Justice (ECJ) extracted fundamental rights from member states’ shared traditions; and, through directives, a range of statutory rights have been crafted, for instance consumer rights and worker rights as well as other economic and social rights. As the European market developed, the traditional way of informal policy-making and insider networks in the EU no longer worked. Thus, more formal and legalistic rules proved to be an equivalent that helped maintain the growing market sphere.
Edited by Sandra Seubert, Oliver Eberl and Frans van Waarden
Vít Hloušek and Viktor Koska
Chapter 7 analyses the role of shifting borders on communities and identities in Europe and the quest for republican EU citizenship and polity. In order to encapsulate the various roles as well as possible struggles and challenges that stem from the existence of competing identities during the new nation-state formations and/or changes to existing polity boundaries, the analysis reaches out for a more comprehensive study of citizenship regimes. This approach makes it possible to focus on various non-formal and formal areas of social life within which the issues of identity and inclusion/exclusion from a polity are prominent. Considering the building of European identity, Hlou_ek and Koska argue that it is most important to develop EU standards of legal protection concerning human rights’ issues which are not perceived as concurring with domestic standards and will not create conflict between popular perceptions regarding national state and EU roles.
Chapter 10 addresses the problem of transnational solidarity, and argues that a European form is possible. Contrary to positions which assume that pre-political cultural identity precedes civic identity, Eberl argues that the process which generates solidarity moves in the opposite direction: civic identity is the result of democratic institutions. He shows that the exclusive transnational realisation of solidarity by European member states causes paradoxes. Transnational solidarity is ‘parasitic’ to national solidarity. Without loosening this dependence, European solidarity will always be trapped in the paradox of subsisting transnational mobility by national solidarity which constrains the emergence of European solidarity. What is needed is a supranational layer of social rights in the form of direct payments to individuals which will overcome the contradictory structure of EU citizens’ transnational mobility and state citizens’ national solidarity.