Exclusion, EU Citizenship, and the Limits of Law

The lofty rhetoric of Citizenship of the European Union -- promising the freedom to live and work anywhere within EU territory (and a range of other rights) to all nationals of the member states -- has frequently come under strain as EU citizenship's importance has grown over time. Yet EU institutions have generally ensured respect for common rights. The political dynamics involved in processes of inclusion and exclusion are familiar from the growth of comprehensive welfare states, which emphasize incentives and encouragements but also maintain some disincentives and discouragements to social and economic mobility. Indeed, all political systems face the tension between equality and diversity, with central governments privileging commonality and local authorities insisting on special status. One purpose of a common citizenship is to overcome the tendency of local communities to favor insiders by opening up equality of opportunity for all co-citizens. Unlike other political systems such as large federal states, however, Europe's common institutions appear relatively weak. The current economic hardships facing Europe, with important distinctions in the degree and kind of hardships, challenge EU citizenship as never before. This paper investigates the pressures now facing the equalizing project of EU citizenship, concluding with a reflection on the limits of law for enacting social and political change.