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4. According to van Ham, ‘postmodernism offers a new, radical intellectual and political agenda. Its rejection of boundaries of any kind, whether as means of physical demarcation (separating peoples between “us” and “them”) or as intellectual ordering devices (distinguishing between academic disciplines) should be read as a means to overcome modernist mechanisms of marginalization and exclusion of peripheral voices: the poor, women and children, racial and other minorities, artists and youth and other sub-cultures, as well as academic endeavors that try to go beyond the well-trodden path of orthodox discourse. It is broadly interdisciplinary in approach and denies that any particular methodology is better than another […] As a result, postmodernism does not acknowledge monological interpretations of reality, rejects unifying and dominant actors like the nation-state.’ Van Ham, P. (2001) European Integration and the Postmodern Condition: Governance, Democracy, Identity (London & New York: Routledge), p. 16.Google Scholar

5. ‘ “Nestedness” implies the traditional federal (territorial) principle by which smaller units (counties, states, provinces, cantons) are situated within larger units.’ Closa, C. (1995) Citizenship of the union and nationality of member states. Common Market Law Review, 32, pp. 511–512.Google Scholar

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8. ‘This goes hand in hand with a perceived loss of the sense of a shared historical past, which may in turn open up possibilities of forging more inclusive identities going beyond the rigid confines of the national-state. The interconnectedness of the world also makes it difficult for individual states and societies to sustain possible illusions and fantasies of ‘national superiority’ and uniqueness.’ Van Ham, P. (2001) European Integration and the Postmodern Condition: Governance, Democracy, Identity (London & New York: Routledge), p. 15.Google Scholar

9. ‘Given the proliferation of legal statuses in Europe-among others, (Member State) national, dual national, European citizen, third-country national, resident, permanent resident – traditional notions of citizenship are simply not the correct standard against which to measure the actual context of European citizenship.’ Horváth, E. (2008) Mandating Identity: Citizenship, Kinship Laws and Plural Nationality in the European Union (the Netherlands: Kluwer Law International Horváth), p. 97.Google Scholar

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13. ‘In such a public, individuals can participate as individual citizens and members of communities or groups which have equal status in the public sphere – they can take action both as citizens and as black citizens, or gay citizens, or old age pensioner citizens. This will free the European demos from the grip of nationality, without at the same time postulating an abstract, undifferentiated collectivity.’ Kostakopolou, T. (1996) Towards a theory of constructive citizenship in Europe. Journal of Political Philosophy, 4(4), p. 346.Google Scholar

14. Boundaries can be perceived as constructed (determined by feeling and belief), not fixed.Google Scholar

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20. Soysal states: ‘Turkish migrants in Berlin represent an example of this emerging form of membership (so, for that matter, do Moroccans in Paris, Pakistans in London, and Surinamese in Amsterdam). As foreign residents of Berlin, Turkish migrants share a social space with foreigners from other countries and with German citizens. They pay taxes, own businesses and homes, work in factories and in the service sector, receive welfare, rent government-subsidized apartments, and attend schools. They form political associations, join unions and political parties, organize protests, formulate platforms, and advance claims. Either selectively or concurrently, they invoke, negotiate, and map collective identities as immigrant, Turk, Muslim, foreigner, and European.’ Soysal, Y. N. (1994) Changing Citizenship in Europe: Remarks on Postnational Membership and the National State (Chicago: University of Chicago Press), p. 166.Google Scholar

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22. This is also characteristic of modern idea of identity, which is described in Kafka's novels. Kafka describes impossibility of reconciliation of personal and social identity, and that is why in most of his novels the main character dies.Google Scholar

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26. Richardson et al. argue about four notions of the self: (1) traditional notion, based on the idea of moral responsibility; (2) modern notion founded on the idea of conscious, rational and unitary subject; (3) postmodern notion which emphasizes discoursive constructedness of the self and (4) dialogical notion which contains all three ideas of the self: pre-modern, modern and postmodern. Richardson, F. C., Rogers, A. and McCaroll, J. (1998) Toward a dialogical self. American Behavioral Scientist, 41(4).Google Scholar

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29. According to Horváth, ‘the political community – circumscribed by state borders – is no longer linked to the territory in which rights may be exercised. Instead, the territory of rights spreads far beyond the territory of the community. Thus, Member State nationals enjoy a number of citizenship rights (free movement and residence, non-discrimination, etc.) throughout the Union that used to be limited to the nation state […] As a corollary […], it is not only nationals who enjoy certain rights in the territory of the Member State, but a much larger group, including European citizens and extending, through the Long-Term Residence Directive, to third-country nationals legally residing in a Member State. The citizenship-nationality link that formed the basis of the nation state has thus been broken. Because of this development […], it is not the members of the given political community who determine the content of applicable rights, but a supra-state entity, namely, the European Union.’ Horváth, E. (2008) Mandating Identity: Citizenship, Kinship Laws and Plural Nationality in the European Union (the Netherlands: Kluwer Law International), 980.Google Scholar

30. The rights guaranteed to the EU citizens are: right to move and reside freely within the territory of the Member States (Article 8a); ‘the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides under the same conditions as nationals of that state’ (Article 8b), ‘the right to petition the European Parliament in accordance with Article 138d’ (Article 8d), the right to ‘apply to the ombudsman’ (Article 8d). ‘Every citizen of the Union shall, in the territory of the third country in which the Member State of which he is a national is not represented be entitled to protection by the diplomatic or consular authority of any Member State on the same conditions as nationals of the State.’ (Article 8c).Google Scholar

31. ‘The Doctrine was reiterated by the Solemn Declaration of the Birmingham European Council, highlighting the point that citizenship of the Union brings the citizens additional rights and protection without in many ways taking place of their national citizenship. The doctrine was furthermore confirmed by the Edinburgh European Council Decision, of which Section A states that provisions on citizenship of the Union do not in any way take the place of national citizenship. This Decision was accompanied by a unilateral Danish Declaration on Citizenship stating that “citizenship of the Union in no way in itself gives a national of another Member State the right to obtain citizenship or any of the rights, duties, privileges or advantages that are inherent in Danish citizenship.” ’ Closa, C. (1995) Citizenship of the union and nationality of member states. Common Market Law Review, 32, pp. 511–512.Google Scholar

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33. ‘Provision should be made for a degree of flexibility so that account can be taken of circumstances in which a person might have to leave the territory on a temporary basis’ (Council Directive 2003/109/EC, para. 6).Google Scholar

34. ‘Conditions for acquiring long-term resident status’.Google Scholar

35. Article 11.1 of Directive 2003/109/EC.Google Scholar

36. ‘Member States may decide to grant access to additional benefits in the areas referred to in paragraph 1. Member States may also decide to grant equal treatment with regard to areas not covered in paragraph 1’ (Article 11.5, Directive 2003/109/EC). ‘Member States may take a decision to expel long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or public security’ (Article 12.1, 2003/109/EC).Google Scholar

37. ‘Citizens are directly represented at the Union level at the European Parliament’ (Article 8A.2). ‘Every citizen shall have the right to participate in the democratic life of the Union’ (Article 8A.3). ‘Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties’ (Article 8B.4).Google Scholar

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41. Kochenov emphasizes that ‘such practice is not without limitations, however. As spelled out by ECJ in Micheletti, any decision of a Member State related to that state's nationality, should be taken with “due regard to Community law.” At the same time the Member States are not given any discretion as far as regulation of the nationality of any other Member State is concerned.’ Kochenov, D. (2008/2009) European citizenship and the difficult relationship between status and rights. Columbia Journal of European Law, 15, 182.Google Scholar

42. Article 12 of the Treaty on European Union states that ‘without prejudice to any special provisions contained [in this Treaty], any discrimination on the ground of nationality shall be prohibited.’Google Scholar

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44. However, inside the framework of the Treaty of Rome, EU citizens are perceived merely as economic subjects.Google Scholar

45. ‘Although European judges knew that Union citizenship was not a market citizenship, they, nevertheless, embarked upon a process of “adaptive stabilization” of its meaning. In Uecker and Jacquet, the Court ruled that Article 8 was not intended to alter the scope ratione materiae of the Treaty so as to cover internal situations. […] … In Stober and Pereira the Court saw Article 52 EC, coupled with Reg 1408/71, as the key Article in deciding that German legislation, which required the children of self-employed workers to reside in Germany in order to qualify for dependent children's allowance, was incompatible with the Treaty. In Kremzov, European citizenship was invoked, but without success. The Court confirmed its treatment of purely internal situations by ruling the sentence of imprisonment imposed on Kremzow by an Austrian criminal court did not fall within the scope of the application of the Treaty.’ Kostakopolou, D. (2005) Ideas, norms and European citizenship: explaining institutional change. The Modern Law Review Limited, 68(2), pp. 244–245.Google Scholar

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47. ‘The case concerned a Spanish resident in Germany who whilst unemployed claimed a German child-benefit allowance. Under German social security law, her application was refused because she was not in a possession of a valid residence permit. The Court did not accept this limiting condition […] …lawful and authorized residence in another Member State by the national of one of the Member States is sufficient, alone, to bring a person within the personal scope of the Community law. This the contribution of the concept of Union citizenship as universal ascription to all nationals of the Member States, regardless of economic status.’ Bulvinaite, I. (2003) Union citizenship and its role in the free movement of persons regimes. Web Journal of Current Legal Issues, 5, p. 4. Available at: http://webjcli.ncl.ac.uk/2003/issue5/bulvinaite5.htmlGoogle Scholar

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53. ‘Trojani had no community right to reside since he could not support himself but it appeared that he has been lawfully resident under Belgian law. That was sufficient for the Court to decide that his right arose from Article 18 and to bring the equal treatment requirements of the Treaty into play in terms of his entitlement to the minimex. On the other hand in the Bidar case the Court has accepted the residence right of a French student who had completed his secondary education in the UK and his entitlement to student grant. The Court after accepting the direct applicability of Article 18 EC was able to arrive at such broad conclusions mentioned above.’ Göçmen, H. (2008) Does the concept of European citizenship lack content? GAU Journal of Social and Applied Science, 2(4), 61.Google Scholar

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