External Citizenship and Voting European Trends and Democratic Concerns. Rainer Bauböck European University Institute Florence

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1 External Citizenship and Voting European Trends and Democratic Concerns Rainer Bauböck European University Institute Florence

2 What is external citizenship? Citizenship status in contemporary states is always based on birthright (iussoli or iussanguinis) and considered as a permanent status for life Emigrants retain their citizenship of origin (increasingly even after naturalisation) External citizenship: the legal status, rights, duties and political participation of nationals residing outside their state of nationality in relation to that state External voting: non-resident citizens right to vote or run as candidates in the country or from abroad in a home country district or for special representatives

3 Mechanisms generating or limiting external citizenship status ius sanguinis abroad in some countries conditional even for second generation in others unlimited transmission across generations born abroad toleration of dual citizenship at birth by descent from mixed nationality parents at birth through combined iussanguinisand iussoli in incoming naturalisations: no renunciation requirement in outgoing naturalisations: no withdrawal or no right to renunciation loss of citizenship after long-term residence abroad only if the person does not become stateless not for intra-eu migrants

4 Loss of citizenship when acquiring another one black letters: countries adhering to 1963 CoE Convention on Dual Nationality, chap. 1

5 Diversity of stances on dual citizenship 2010

6 Expansive external citizenship in the EU Legal obstacles for external citizenship retention or acquisition: loss because of long-term residence abroad loss with acquisition of a foreign citizenship conditional ius sanguinis abroad maximally expansive (0 obstacles) strongly expansive (0.5 1 obstacles) weakly expansive (1.5-2 obstacles) least expansive (2.5-3 obstacles) and Maarten Vink 2010

7 Democratic concerns about external citizenship status Should external citizenship status be used to expand opportunities for cross-border mobility? or be limited to persons with genuine links? Should external citizens also have legal duties? military service income tax (US, Israel) Can external citizenship interfere with: the integration of immigrants? the integrity of states with territorial kin minorities? Is there a need for coordination of external citizenship in the EU to prevent bypassing of MS immigration control? so that EU citizens residing in other MS do not lose national franchise?

8 Who has a claim to membership? Views of democratic states as either ethnic nations or as societies of co-residents are both inadequate, since they do not reflect the dual ties that migrants develop to countries of origin and settlement Alternative view: a political community of democratic stakeholders whose individual interests in membership are linked to the common good of a country because of their biographical ties to that country This conception can include first and second generation immigrants as well as emigrants

9 External voting in national elections System Global EU,EEA, accession cand External citizens cannot vote 45 5 External voting allowed return to vote in home district 23 3 vote abroad for home district vote abroad for special representation 13 4 No Elections 9 0 No data 15 0 Total data: Collyer and Vathi (2007) updated 2011 and Michael Collyer

10 and Michael Collyer

11 External voting: pro arguments general arguments equal voting rights for all citizens coupled with right to return special claims reward for emigrants contributions affected by some laws outside the territory compensation for involuntary emigration temporary absentees, persons sent abroad by the state

12 External voting: democratic concerns general arguments outside the territory no subjection to coercive legislation one person two votes? special arguments importing homeland conflicts tipping or swamping of election outcomes (special self-government rights of resident citizens?) procedural arguments integrity (sufficient information, secrecy) logistics and costs of providing voting facilities world-wide special or assimilated representation?

13 Concluding Remarks trend towards external voting is irreversible prior question of who has a claim to external citizenship becomes more important problematic unlimited iussanguinistransmission and easy (re)acquisition based on ancestry specific reasons to coordinate external voting in the EU for EP and national elections