Renegotiating Labour - Queen`s University Belfast

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Thomas Pfister

School of Politics and International Studies,

Queen’s University Belfast

Renegotiating labour. Implications of EU employment policies for the development of citizenship and stateness.

Paper prepared for the CONNEX workshop ‘

Contested Meanings: Democratic

Practice and Principles across Cultural Boundaries.’ Queen’s University Belfast,

22/23 September 2005

E-mail: t.pfister@qub.ac.uk

INTRODUCTION 1

Today, it has become a commonplace that the world is undergoing rapid and fundamental change. This perception is triggered by a range of rather broad transformations such as globalisation, post-nationalism or a post-industrialism, by perceived historical turning points like the end of the Cold War or the attacks of 11

September 2001, or by particular political developments such as international terrorism or European integration including the last round of enlargement. Closely connected with these perceptions of change are, of course, attempts to interpret and to evaluate its implications and consequences.

The modern nation state is by far the most important structure of world politics and by far the dominant pattern of societal organisation. Accordingly, it also occupies a key position when larger processes of social transition are assessed and interpreted. In fact, alterations of the basic units of the international system will indicate and at the same time generate structural change (Spruyt, 1996). Even though some authors already claimed that the state could eventually disappear in the not so far future

(Fukuyama, 1992; Ohmae, 1990, 1995), this does not seem to be the case. Rather, it will continue to exist as dominant pattern of organisation but gradually change its character (Cerny, 1990; Robinson, 2001). In other words, it might be far too early to identify outcomes or to formulate certain predictions about future structures and their basic units but it is possible to focus on ongoing transitions and to get a more comprehensive image of their complex and multifaceted nature.

In order to develop such a complex narrative of change, this project aims at analyzing two processes and at assessing how their interplay affects the modern nation state.

1 This paper is based on the outline of the research project “Renegotiating Rights. Labour Regulation and the Enlargement of the European Union”, which is supported by a Larger Research Grant from the

British Academy.

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Ultimately, the intention is to generate a deeper understanding of ongoing gradual changes of the character of the state in relation to a changing world of work and to

European integration.

If the state is conceptualized not as mere set of government and administrative organizations but as a complex social entity including state apparatus as well as society, the nature of citizenship in different national locations constitutes an essential characteristic of each particular state. Accordingly, shifts in citizenship practices can indicate and at the same time influence changes in the character of the state.

In most general terms, citizenship denotes membership in a political community and contains the institutionalised relations between a state and its citizens (Wiener, 1998).

It serves as locus as well as explanation of the state’s “infrastructural power” (Mann,

1993), legitimacy and social cohesion (cf. Bendix, 1964; Ferrera, 2003; Marshall,

1963). National citizenship formations have developed over history as specific sets of political and social practices, which may be deeply institutionalised and legally formalised. The state is neither able to interfere nor to withdraw arbitrarily from these relations without serious consequences. In this context, citizenship is also the key to understanding the interrelations between the state and the changing nature of work. In addition, it is important to consider the parallel development of both, the modern nation state and industrial society.

Today, labour and employment are at the centre of modern societies and biographies.

Although work is often presented as solely belonging to the sphere of economics and it is often claimed that it should be solely left to the forces of the market, it is a deeply political matter and, therefore, the state is an essential actor in this field. The industrial revolution generated fundamental technological and economic changes as well as dramatic shifts of social norms and social structures including the emergence of a

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huge urban working class. In the process, male industrial workers constituted themselves as a community of interest with a common identity and corresponding institutions such as social democratic or communist parties and trade unions.

The formation of these new identities and structures also evoked new types of social conflicts, often directly connected with the conditions of the labour contract or the control of the labour process (according to Giddens, 1995, the two main sites of class conflict). For example, there were struggles for health and safety regulations in the workplace, limitations on work-time, holidays or provisions protecting the wage floor.

In addition, trade unions or working class parties had to struggle for their legitimate place within the social structures and the political process in general. Beyond doubt, most of these achievements can be attributed to labour movement activities. They were reached either in concrete struggles over serious stakes between workers, employers and the state (Franzosi, 1995; Chris Tilly & Tilly, 1998) or resulted from general concerns about revolutionary unrest (Drzewicki, 1995; Ferrera, 2003).

Overall, it can be argued that, as a result of these processes, a certain pattern emerged in Western Europe: the Keynesian welfare state.

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This particular state form established new formations of citizenship and, therefore, constitutes a new chapter of state power. By responding to demands of the working class through the institutionalisation of new obligations and rights it largely accommodated a set of previously conflictive relations. At the same time, this achievement can be interpreted as an increase of legitimacy, authority and power compared to a society characterised by strong class conflict.

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2 Again, these systems are also very diverse and specific due to their different historical developments for the most quoted typology see Esping-Andersen Esping-Andersen, Gøsta. (1990). Three Worlds of

Welfare Capitalism . Cambridge: Polity Press..

3 The dimensions of citizenship that were consolidated by this process can be conceptualised as social and economic citizenship. While the former refers to general provisions of benefits like health-care and

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However, this is not the end of the story. If the state is understood as a truly social entity, its underlying social relations can change again for different reasons. For example, after some decades of stability, the social relations between state and citizens that might have worked quite well during the Fordist post-war era are increasingly challenged. On the one hand, changes in the wider environment of national societies might make their existing institutions unsuitable. On the other hand, these environmental changes may also constitute changing opportunity structures for domestic actors. Just because the Keynesian welfare state accommodated class conflict to some degree this does not mean that it erased all sources of inequality

(Giddens, 1995). In contrast, this specific social formation also implies institutionalised patterns of exclusion. For instance, the practices of economic citizenship were primarily concerned with male skilled workers while other groups, especially women were excluded. In fact, the meaning of work underlying this system was (and mostly is) limited to paid employment while all other types like unpaid work in the household were excluded (Grint, 1998).

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Moreover, those arrangements reproduced patterns of exclusion like the division of work between men and women on quite unequal terms (see for example Rees, 1998).

Against this background, the project’s starting point consists of two interconnected

‘environmental’ influences. First, existing national citizenship formations are challenged by a dramatically changing world of work with far reaching social implications. It is widely acknowledged that some of the basic conditions guaranteeing the smooth reproduction of the Keynesian welfare state are being eroded education, the latter contains social relations connected with labour and employment such as protection against dismissal or workers’ participation.

4 For hypotheses on possible directions of shifting meanings of work see Brush Brush, Lisa D. (1998).

'Gender, Work, Who Cares? Production, Reproduction, Deindustrialization, and Business as Usual.' In

B. B. Hess, J. Lorber & M. M. Ferree (Eds.), Revisioning Gender: New Directions in the Social

Sciences (pp. 161-189). London: Sage..

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since the seventies. Most important, these societies rely on full employment and constant growth to ensure the continuous functioning of their strong welfare systems.

The transformation of the world of work, leading to the erosion of the latter is certainly correlated with technological developments. It is also attributed to larger trends such as globalisation, or the transformation to a post-industrial society. In addition, most Western European countries face the challenge of ageing societies

(Employment Taskforce, 2003, p. 12).

While the forecasts on future developments differ, three major trends can be stated that have to be addressed by a political response.

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First, there is evidence that Europe has to deal with new patterns and levels of unemployment (cf. Bodin, 2001). Second, this will also affect European social security systems, which rely on high employment rates for smooth reproduction (Employment Taskforce, 2003). Finally, as the danger of unemployment grows and as social systems face increasing problems, people encounter fundamental uncertainty and insecurity (Bollé, 2001). Beyond doubt, these developments constitute a major shift in the environment of national citizenship regimes, which are continuously undermined. Some claim that nation states are unable to master these challenges on their own and that the European Union (EU) should

5 While pessimistic assessments claim that (Western) industrial societies are fundamentally running out of work Aronowitz, Stanley, & William DiFazio. (1995). The Jobless Future . Minneapolis: University of Minnesota Press, Beck, Ulrich. (2000). The Brave New World of Work . Cambridge: Polity Press,

Rifkin, Jeremy. (1995).

The End of Work - The Decline of the Global Labor Force and the Dawn of the

Post-Market Era . New York: Tarcher/Putnam., less pessimistic approaches acknowledge fundamental shifts and also call for essential reforms but they do not subscribe to such dramatised futures Bollé, P.

(2001). 'Perspectives: The Future of Work, Employment and Social Protection (The Annecy

Symposium, January 2001).' International Labour Review, 140(4), 453-474, Nolan, Peter. (2004).

'Shaping the Future: the Political Economy of Work and Employment.' Industrial Relations Journal,

35(5), 378-387, Streeck, Wolfgang, & Rolf G. Heinze. (2000). 'Institutionelle Modernisierung und

Öffnung des Arbeitsmarktes: Für eine neue Beschäftigungspolitik.' In J. Kocka & C. Offe (Eds.),

Geschichte und Zukunft der Arbeit . Frankfurt am Main: Campus, Wagner, Gert G. (2000).

'Erwerbsarbeit sollte Zukunft haben.' In J. Kocka & C. Offe (Eds.), Geschichte und Zukunft der Arbeit .

Frankfurt am Main: Campus..

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assist its members in finding a more moderate solution than mere deregulation (cf.

Jenson & Pochet, 2002; Zeitlin, 2003).

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This leads to the second broader influence on the state, the EU itself, which is increasingly engaging in national labour market and employment policies and, therefore, in national citizenship practices. Although it does not possess the legal competence to regulate labour and employment and although there is a long history of reluctance against common European social and employment policies, increased activity targeted at employment is detectable for some time. Over the last decade, overcoming unemployment is increasingly recognized as key to the EU’s economic and political success (cf. European Commission, 1993; European Council, 1994). This dilemma of a lacking legal competence and a perceived need for action has led to the development of the European Employment Strategy (EES). Instead of being based on the community method it interferes with national labour market and employment policies and, accordingly, with national formations of social and economic citizenship through soft governance mechanisms.

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While some authors criticize the EES as

6 In addition, it is important to note that some authors hold the EU responsible for weakening the bond between economic citizenship and the nation-state and for limiting traditional options of national social policy Leibfried, Stephan, & Paul Pierson. (2000). 'Social Policy. Left to Courts and Markets?' In W.

Wallace & H. Wallace (Eds.), Policy-Making in the European Union (4th edition ed.). Oxford: Oxford

University Press, Scharpf, Fritz W. (2002). ' The European Social Model: Coping with the Challenges of Diversity'. MPIfG Working Paper , 02/8, from http://www.mpi-fg-koeln.mpg.de/pu/workpap/wp02-

8/wp02-8.html, Teague, Paul. (2000). ' EU Social Policy: Institutional Design Matters'. Queen's Papers on Europeanization , No 1/2000, from http://www.qub.ac.uk/ies/onlinepapers/poe.html, Teague, Paul.

(2001). 'Deliberative Governance and EU Social Policy.' European Journal of Industrial Relations,

7(1), 7-26..

7 The European Employment strategy is an instrument of soft governance that is based on the Open

Method of Coordination. For official assessments see the results of the first in-depth evaluation

European Commission. (2002). Taking Stock of Five Years of the European Employment Strategy .

Communication from the Commission to the Council, the European Parliament, the Economic and

Social Committee and the Committee of the Regions. Brussels, 17.7.2002, COM(2002) 416 final. and the so called Kok-Report Employment Taskforce. (2003). Jobs, Jobs, Jobs - Creating more

Employment in Europe. Report of the Employment Taskforce chaired by Wim Kok . Brussels.; for accounts of its development and functioning see Jenson & Pochet Jenson, Jane, & Philippe Pochet.

(2002). 'Employment and Social Policy Since Maastricht: Standing up to the European Monetary

Union' Paper presented at The Year of the Euro , Nanovic Institute for European Studies, University of

Notre Dame, December 5 - 8, 2002., and Mosher & Trubek Mosher, James, & David M. Trubek.

(2001). ' New Governance, EU Employment Policy, and the European Social Model'. Jean Monnet

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insufficient (Degryse & Pochet, 2000; Goetschy, 2003) or inefficient (Schäfer, 2004), more optimistic authors view it as a genuinely new and potent instrument. Their emphasis is to a lesser extent on problem-solving efficiency than on its inherent potential for policy-learning and deliberative governance (Cohen & Sabel, 2003;

Gerstenberg & Sabel, 2000; Jacobsson, 2004; Sabel & Zeitlin, 2003; Teague, 2001).

Accordingly, the EES could make a crucial difference. Moreover, the EES goes beyond technical advice on reforming labour markets, it also carries a good deal of normative content with implications for citizenship. It is argued that the priority of attracting more people to the labour market that was formulated in the Kok-Report

(Employment Taskforce, 2003) about the performance of the EES is most relevant for redefining and reforming citizenship and that it provides the best insights about the impact of the EU in these processes.

8 The challenge does not only lie in creating new jobs but also in promoting job quality and to provide the conditions for broad labour market participation in an inclusive society. A careful reformulation of existing citizenship configurations depends on finding a balanced relation between adjusting societies to economic developments and protecting citizens from mere commodification of labour, the risks of poverty and social exclusion as well as from disproportionate insecurity.

Working Paper , from http://www.jeanmonnetprogram.org/papers/01/011501.html, Mosher, James, &

David M. Trubek. (2003). 'Alternative Approaches to Governance in the EU: EU Social Policy and the

European Employment Strategy.' Journal of Common Market Studies, 41(1), 63-88.; De la Porte &

Pochet De La Porte, Caroline, & Philippe Pochet. (2004). 'The European Employment Strategy:

Existing Research and Remaining Questions.' Journal of European Social Policy, 14(1), 71-78. provide a review of academic debates around the EES. For general accounts of the Open Method of

Coordination see Chalmers & Lodge Chalmers, Damian, & Martin Lodge. (2003). ' The Open Method of Coordination and the European Welfare State'. CARR Discussion Paper , No. 11, from http://www.lse.ac.uk/collections/CARR/pdf/Disspaper11.pdf and Radaelli Radaelli, Claudio M. (2003).

The Open Method of Coordination: A New Governance Architecture for the European Union?

Stockholm: Swedish Institute for European Policy Studies..

In the course of the relaunch of the Lisbon strategy in 2005, the EES is undergoing a number of major modifications. Nevertheless, its general independent character as outlined in the treaty remains unchanged.

8 The Joint Employment Report 2004/05 takes on these priorities and organises its assessment recommendations according to them.

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Given these interconnected and simultaneous processes of a changing world of work eroding national citizenship formations and attempts on EU level to counterbalance this erosion, it is possible, to formulate the two basic research questions of the research project:

1.

While a dramatically changing world of work is undermining existing patterns of national citizenship, the EU is said to have the potential for assisting its member states in counteracting this and in reforming their citizenship formations. How are national formations of social and economic citizenship affected by EU management of the transformation of citizenship in the field of employment and work?

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If changing citizenship practices are detected, what does this mean for the process of the state transformation?

CITIZENSHIP AS CONSTITUTIVE ELEMENT OF THE STATE

The theoretical framework of the project is centred on the concepts of the state and citizenship. While the former is seen as a complex and dynamic social entity, the latter is seen as a key element defining its character in terms of its underlying social relations.

The social nature of the state

Conceptually, the project addresses nature and scope of change occurring in nation states. More specifically, it investigates the interrelation between labour and employment and the process of European Integration. It assumes that the former is a

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crucial aspect of current societal organisation while European integration is a process interacting with all central aspects of the societies involved.

A theoretical account of the state able to detect such changes and to analyse their characteristics has to fulfil the following requirements:

1.

Instead of defining the state exclusively in terms of government and administration, it has to provide insights about the underlying social relations of modern nation states. In other words, it has to account for society, too.

2.

Moreover, as the focus is on interrelations with a changing world of work, the approach has to establish connections between the state and labour and employment, which lie at the very core of modern industrial societies.

3.

Finally, such a theoretical framework has to be capable of detecting and analysing gradual change of the state as pattern of societal organisation in world politics.

The development of such a framework proceeds in three steps. First, the main strands of contemporary state-theory within the social sciences, Neo-Marxism

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and Weberian historical sociology,

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are criticised for being incapable to grasp the dynamic and social characteristics of the state. Generally speaking, each strand suffers from a certain reductionism obscuring a deeper understanding of change and creating a deadlock between society-centric and state-centric approaches (Hobson, 2000,

9 For reviews see Jessop Jessop, Bob. (1977). 'Recent Theories of the Capitalist State.' Cambridge

Journal of Economics, 1(4), 353-373.

, Carnoy Carnoy, Martin. (1984). The State and Political Theory .

Princeton, N.J.: Princeton University Press. and Taylor Taylor, George. (1995). 'Marxism.' In D. Marsh

& G. Stoker (Eds.), Theory and Methods in Political Science . Basingstoke: MacMillan..

10 The most important contributions from this perspective are Skocpol’s States and Social Revolutions

Skocpol, Theda. (1979). States and Social Revolutions . Cambridge: Cambridge University Press.,

Katzenstein’s Between Power and Plenty Katzenstein, Peter (Ed.). (1978). Between Power and Plenty:

Foreign Economic Policies of Advanced Industrial States . Madison: University of Wisconsin Press., and the edited volume by Evans, Rueschemeyer and Skocpol Evans, Peter B., Dietrich Rueschemeyer,

& Theda Skocpol (Eds.). (1985). Bringing the State back in . Cambridge: Cambridge University Press.; for a review see Krasner Krasner, Stephen D. (1984). 'Approaches to the state.' Comparative Politics,

16(2), 223-246..

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2001).

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In a second step, the focus is broadened to literatures on new institutionalism

(for example Clemens & Cook, 1999; Hall & Taylor, 1996), globalisation (for example Cerny, 1990; Mann, 1997; Scholte, 2004; Spruyt, 1996; Weiss, 1999) and structuration (for example Giddens, 1979, 1984; Weiss, 1999). New institutionalist literature can provide insights about the (social) building blocs that make a particular state at a certain point of time, globalisation literature provides accounts of the broader challenges and transformations states are facing, and finally, structurationist theory illuminates the mutual constitution of state, society and international structure and delivers an account of change.

Departing from this consideration, it is suggested to treat the state as ‘conceptual variable’ (Nettl, 1968) and to work with the more dynamic and empirically applicable concept of ‘stateness’ (cf. Jessop, 2000; Nettl, 1968). This is developed in the third step and can be understood as a crucial dynamic attribute of modern states referring to their autonomy and legitimacy based on continuous interaction between society and state apparatus. It is appropriate to operationalise and to analyse ongoing changes within/and of the state. Accordingly, change can be empirically reconstructed as resulting from change in the underlying social relations. It is argued that tracing stateness is the best way to gain better understanding of major social transformations in world politics. For example, by introducing and extending citizenship relations with national citizens, even supra-national bodies like the EU could develop symptoms of

11 For criticisms of Marxist approaches see Cerny Cerny, Philip G. (1990). The Changing Architecture of Politics : Structure, Agency and the Future of the State . London: Sage. and McLennan McLennan,

Gregor. (1984). 'Capitalist State or Democratic Polity? Recent Developments in Marxist and Pluralist

Theory.' In D. Held, G. McLennan & S. Hall (Eds.), The Idea of the Modern State . Milton Keynes:

Open University Press.; for criticisms of neo-statist approaches see Mahon Mahon, Rianne. (1991).

'From "Bringing" to "Putting": The State in Late Twentieth-Century Social Theory.' Canadian Journal of Sociology/Cahiers canadiens de sociologie, 16(2), 119-144., Jessop Jessop, Bob. (1990). State

Theory. Putting the Capitalist State in its Place . Cambridge: Polity Press, Jessop, Bob. (2000).

'Bringing the State Back in (Yet Again): Reviews, Revisions, Rejections, and Redirections' Paper presented at IPSA Conference , Quebec; Hobson Hobson, John M. (2000). The State and International

Relations . Cambridge: Cambridge University Press. gives a comprehensive and critical perspective on both strands.

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stateness (without becoming proper states) and thereby challenge the autonomy and legitimacy of its Member States.

It is sought to demonstrate that the intervention of supra-national initiatives in existing national rights discourses is to be understood as one major source of such change. In the case of labour and employment, this intervention takes the form of the EES interfering with national practices of economic and social citizenship. Before the

Union’s impact on national citizenship formations can be investigated, it is necessary to take a closer look at the concept of citizenship in general.

Citizenship—a historically developing and contested concept

Before the impact of the EES on national citizenship configurations around work and employment can be investigated, it is necessary to take a closer look at the concept of citizenship.

In general, although work is often presented as solely belonging to the sphere of economics and although it is often claimed that it should be solely left to the forces of the market, it is a deeply political matter and, therefore, the state plays an essential role in this dimension. More precisely, it can be argued that the content of this role and its implications for the work-life within a certain society are contained in citizenship.

T.H. Marshall’s seminal essay

Citizenship and Social Class (1963) may serve as the best starting point for a discussion of the concept of citizenship. He argued that it contains three types of rights that were granted in three subsequent stages: civil rights in the eighteenth century, political rights in the nineteenth century and, finally, social rights in the twentieth century. Although Marshall has attracted a number of

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criticisms, his account is still powerful, original and highly informative. Only a small number of adjustments are necessary to avoid the possible pitfalls 12 .

Overall, Marshall’s account should neither be treated as a general theory of citizenship nor should citizenship be treated as an analytically definite and fixed concept. Every evolutionary or functional notion should be abolished in favour of a notion of citizenship as open-ended process. Marshall himself hints to such a more dynamic understanding:

“There is no universal principle that determines what those rights and duties shall be, but societies in which citizenship is a developing institution create an image of ideal citizenship against which achievement can be measured and towards which aspiration can be directed.” (Marshall, 1963, p. 87)

This quotation points to the insight that citizenship understood as institutionalised relationship between state and citizens is the result of a historical process and that the possibility of change is always inherent. Class conflicts arisen with the unfolding of industrial societies might have been mitigated by Keynesian welfare states in most

Western European countries after the Second World War. Nevertheless, new issues and challenges may occur from within the political community or from larger transformations within its environment. It might happen that citizenship formations that had worked quite well over a long period become inappropriate over time. The historical dimension of citizenship is documented by long term studies on statebuilding and nation-building in Western Europe (Bendix, 1964; Brubaker, 1992;

Charles Tilly, 1975), and more recently by studies on ‘European citizenship’ and its

12 Two major criticisms were formulated by Michael Mann Mann, Michael. (1987). 'Ruling Class

Strategies and Citizenship.' Sociology, 21(3), 339-354., Anthony Giddens Giddens, Anthony. (1995). A

Contemporary Critique of Historical Materialism (2nd ed.). Basingstoke: MacMillan. and Bryan

Turner Turner, Bryan S. (1990). 'Outline of a Theory of Citizenship.' Sociology, 24(2), 189-217.; for an interesting account investigating his evolutionary model see Donoghue and White White, Robert, &

Jed Donoghue. (2003). 'Marshall, Mannheim and Contested Citizenship.' British Journal of Sociology,

54(3), 391–406..

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contribution to European integration (Bellamy & Warleigh, 2001b; Giesen & Eder,

2001; Hanagan & Tilly, 1999; Meehan, 1993; Wiener, 1997, 1998). All of them show how citizenship emerges and is reproduced through mutual interaction between specific polities and their citizens in a broader historical context. This context contains the institutions (in the widest sense), discourses and socio-economic structures as well as the broader processes a society is taking part in (e.g. industrialisation, globalisation or European integration). However, when conceptualising citizenship as historically contingent concept, it is important to note that it should not be misunderstood as a simple process of adaptation of societies to changing environments or as contest between state and society each perceived as closed and fixed entities. Rather, citizenship will be actively contested in theory and practice as well as from a multiplicity of different perspectives (Lister, 2003). It is this central attribute of inherent contestedness that is essential for the developing nature of citizenship.

On the level of theory, a well established distinction differentiates between a liberal and a republican tradition (Dell'Olio, 2005; Heater, 2004; Preuss, 1995). While liberal approaches emphasise rights and the equal status of all citizens republican approaches, in most general terms, emphasise the particular community. Civic republicans stress active participation in the political community as crucial virtue and goal in itself, their communitarian relatives highlight collective identity and imply a certain givenness to the community and its values.

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In addition to their dissimilar

13 Other authors Beiner, Ronald. (1995). 'Introduction: Why Citizenship Constitutes a Theoretical

Problem in the Last Decade of the Twentieth Century.' In R. Beiner (Ed.), Theorizing Citizenship .

Albany, NY: State University of New York Press. separate civic republicanism and communitarianism more strictly, however, it is important that these positions are of an ontological rather than an ideological nature and that civic republicanism and communitarianism share the same foundations

Bellamy, Richard, & Dario Castiglione. (1998). 'Between Cosmopolis and Community: Three Models of Rights and Democracy within the European Union.' In D. Archibugi, D. Held & M. Koehler (Eds.),

Transnational Democracy . Cambridge: Polity Press, Bellamy, Richard, & Dario Castiglione. (2004).

'Lacroix’s European Constitutional Patriotism: A Response.' Political Studies, 52, 187–193, Taylor,

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basic ideas about what citizenship is or ought to be, each side is far from coherent and can include different conceptual subtypes as well as the whole political spectrum. For example the liberal tradition assembles Marshall’s social democratic vision as well as right-wing libertarian perspectives, while the republican/communitarian spectrum covers strong participatory democracy and civil society up to conservative and more exclusionary conceptions.

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Gerard Delanty contrasts these two main strands by a third one challenging both of them (Delanty, 2000). Under this even more heterogeneous thread he assembles a whole set of radical perspectives ranging from social movements to feminism to cultural pluralism who, nevertheless, all point to a threefold model of citizenship involving the politics of voice, difference and justice.

One crucial criticism from those radical contributions is that, although a particular citizenship formation might involve extensive civil, political and social rights as well as strong participatory patterns, every citizenship formation will, nevertheless, imply an order of inclusion and exclusion thereby creating citizens but also non-citizens or partial citizens. While it is of no surprise that non-citizens living outside a particular state are not entitled to citizenship rights or to participation in its political process, liberal, republican and communitarian approaches often ignore that there can be even inequalities among formally equal citizens. Certain groups like women, migrants, the elderly, disabled or the poor often lack resources or access to the full enjoyment of rights and participation in politics and society. Justice, therefore, is not a formal equality of opportunities but becomes a substantive concern in itself (Delanty, 2000, p. 46).

Charles. (1989). 'Cross-Purposes: The Liberal-Communitarian Debate.' In N. Rosenblum (Ed.),

Liberalism and the Moral Life (pp. 159-182). Cambridge, MA: Harvard University Press..

14 Therefore, attacks against communitarianism are in most cases targeted against this latter group

Lister, Ruth. (2003). Citizenship: Feminist Perspectives (2nd ed.). Basingstoke: Palgrave Macmillan..

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This last strain also points to contestation of citizenship on the level of political action. Although not all social movements use citizenship language to frame their issues, their demands often question the conditions of membership in a particular political community. The French Sans-Papier movement is a good example for such practical intervention in existing citizenship arrangements and claims for inclusion.

However, it is important to note that questioning particular citizenship configurations is not the privilege of social movements. In addition to such bottom-up intervention, citizenship might be subject to interventions from above. The conservative changes of the Thatcher era are just one example. More recently, it can be observed how the

British Labour government or the EU try to redefine citizenship in the context of discourses on “active citizenship”.

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Unsurprisingly, such top-down actions are rather framed as (necessary) reform or modernisation.

Given the multiplicity of theoretical approaches to citizenship, its historically developing and essentially contested nature, the question arises whether it is possible to speak of citizenship in general terms at all.

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The notion of citizenship practice could provide a way out of this confusion. It is argued that a broad perspective on citizenship practice is capable of bridging some of the tensions and contradictions and thereby provides a more comprehensive image. Unfortunately, this notion has, again, different meanings.

Different Notions of Citizenship practice

15 In the field of labour market and employment policies, for example, this can be seen in increasing shifts to active labour market policies (ALMP), ideas of empowerment, life-long learning or active ageing. In general, all these ideas demand more initiative from the single citizen, and at the same time, aim to assist and enable her in that (e.g. by offering additional training in the case of unemployment).

Concerning the different meanings of the concept of active citizenship see Kymlicka & Norman

Kymlicka, Will, & Wayne Norman. (1994). 'Return of the Citizen: A Survey of Recent Work on

Citizenship Theory.' Ethics, 102(2), 352-381. and Jensen & Pfau-Effinger Jensen, Per H., & Birgit

Pfau-Effinger. (2005). 'Active Citizenship – The New Face of Welfare.' In J. G. Andersen, A.

Guillemard, P. H. Jensen & B. Pfau-Effinger (Eds.), The New Face of Welfare . Bristol: Policy Press..

16 Indeed there is debate whether the concept of citizenship is still appropriate for an increasingly interconnected world.

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A first one appears in a common distinction corresponding to the liberal and the republican strands of citizenship theory is the one between citizenship as status and citizenship as practice (Heater, 1990; Lister, 1998; Oldfield, 1990). While the liberal idea of citizenship with its emphasis of rights is seen as rather static and passive, citizenship as practice refers to the requirement of public civic activity as demanded from civic republicanism.

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However, this notion of citizenship practice does not offer a synthesis to our problem. Neither is it capable of integrating liberal and republican approaches nor normative and empirical perspectives around a single conceptualisation of citizenship. Moreover, although civic republicanism added some highly informative and sophisticated contributions to the field of political philosophy in general and to the debate about citizenship in particular, most of them are rather normative theories of the citizen while having problems to grasp the comprehensive image of modern societies. On the one hand, some important questions about the character of the aspired political community of active citizens persist. How can such a high degree of citizen’s commitment achieved and secured (Kymlicka & Norman,

1994), how much commonness does such a community need in order to function, and if a common identity is not a precondition, how can public discussion and deliberation about the good for the community be secured in a diverse society (cf. Young, 1989)?

On the other hand, this narrow focus on the citizens tends to misinterpret the relational nature of citizenship. When considering the capacities to influence and to shape particular citizenship arrangements, it becomes clear that the terms of a particular society are not exclusively determined by (however conflictive) interaction of their citizens. Rather, in the course of history, diverse centres of power have gained and

17 It is not the aim of this section to present a comprehensive review of civic republican theories of citizenship but rather to scrutinise the meaning of citizenship as practice in this context.

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maintained considerable means of power and social control.

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Even in an open democratic society, governmental and administrative organisations have more influence on formulating the terms of citizenship than their citizens. This is exactly one of the main points of criticism of the radical approaches mentioned above. In contrast, civic republicanism sometimes seems to forget the political implications for its project and the conditions that have to be in place. In other words, while civic republicanism certainly pursues a legitimate and honourable normative aim, its ideas do not match the reality of our societies today. The Athenian Polis still is quite far away from modern mass democracy.

A more sophisticated account that goes one step further is provided by Richard

Bellamy.

19

His work on citizenship in the EU addresses conscientiously the inherent difficulties of its multi-level system and seems to follow a much more pragmatic than utopian route. Moreover, by developing a notion of cosmopolitan communitarianism

(Bellamy & Warleigh, 2001a) he and his co-authors try to bridge the gap between liberal and republican accounts. But still, his notion of citizenship practice covers

18 For example Tilly describes processes of state-building first of all in terms of centralisation and organisational specialisation while fiercely opposed by populations during all phases; citizenship emerged out of social mobilisation as a reaction with considerable delay Tilly, Charles (Ed.). (1975).

The Formation of Nation States in Western Europe . Princeton: Princeton University Press..

19 See especially Bellamy, Richard. (2001). 'The 'Right to have rights': citizenship practice and the political constitution of the EU.' In R. Bellamy & A. Warleigh (Eds.), Citizenship and Governance in the European Union (pp. 41-70). London & New York: Continuum. but also his works with Alex

Warleigh Bellamy, Richard, & Alex Warleigh. (1998). 'From an Ethics of Integration to an Ethics of

Participation: Citizenship and the Future of the European Union.' Millennium, 27(3), 447-468, Bellamy,

Richard, & Alex Warleigh. (2001a). 'Cementing the Union: The Role of European Citizenship.' Paper presented at European Citizenship: Beyond Borders, Across Identities , Brussels, Bellamy, Richard, &

Alex Warleigh (Eds.). (2001b). Citizenship and Governance in the European Union . London/ New

Nork: Pinter/Continuum. and with Dario Castiglione Bellamy, Richard, & Dario Castiglione. (1998).

'Between Cosmopolis and Community: Three Models of Rights and Democracy within the European

Union.' In D. Archibugi, D. Held & M. Koehler (Eds.), Transnational Democracy . Cambridge: Polity

Press, Bellamy, Richard, & Dario Castiglione. (2003). 'Legitimizing the Euro-'Polity' and its 'Regime':

The Normative Turn in EU Studies.' European Journal of Political Theory, 2(1), 7-34, Bellamy,

Richard, & Dario Castiglione. (2004). 'Lacroix’s European Constitutional Patriotism: A Response.'

Political Studies, 52, 187–193..

18

what citizens do as citizens while neglecting the role of the member states and the

Union.

20

An alternative account of citizenship practice is offered by Antje Wiener (Wiener,

1998). In contrast to Bellamy’s more normative republican account, her sociohistorical institutionalist approach lays more stress on empirical and historical aspects investigating institution-building and the contribution of citizenship as developing concept to the stateness of a polity (in this case the EU).

21 With a view to the relational character of citizenship and to the different links between citizenry and polity, citizenship practice is said to be the “dynamic citizen-polity relation” (, p. 7) consisting of

“(…) the historical elements of rights, access and belonging which in turn specify the historical variability of the institutionalised link between the citizen and the polity/community. The historical elements tie individuals to the state by law and identity on the one hand, and the reflect the constraints and opportunities for access to political participation, on the other.” (Wiener, 1998, p. 31)

This is an understanding of social practice in a much broader sense opening new possibilities for a much more comprehensive picture.

First of all, this view is capable of integrating the dichotomy of citizenship as status and as activity that was mentioned above. By contextualising citizenship and treating

20 Nevertheless, Bellamy and his Co-authors develop instructive and appealing normative and analytical ideas on constitutionalism and democracy in the Union.

21 In a footnote, Bellamy addresses the similarity between their approaches indicating that, while

Wiener bases her account on Charles Tilly, in his view, citizenship practice is rather understood in terms of Wittgensteinian language games in which citizens negotiate the constitution of their society

Bellamy, Richard. (2001). 'The 'Right to have rights': citizenship practice and the political constitution of the EU.' In R. Bellamy & A. Warleigh (Eds.), Citizenship and Governance in the European Union

(pp. 41-70). London & New York: Continuum.. Nevertheless, the main differences between those two meanings of citizenship practice do not lie in their conceptual nature but rather in their focus. While

Wiener stresses the relation between citizens and polity, Bellamy is interested in the citizens constituting their community through their activity in the public sphere.

19

it as historical process, it is possible to translate even the formerly static notion of rights into a dynamic framework of historically contingent institutions that can include rights as well as participatory patterns. Instead of exclusively focusing on rights, it allows to include the particular representations of these rights in everyday practices, institutions and discourses. Moreover, a broader focus on the routinised relations provides additional insights about citizenship in terms of soft institutions and epiphenomena. For example, Elizabeth Meehan found that in some areas substantive citizenship could be detected in the EU even before citizenship was formally spelled out in the Maastricht treaty (1993). Similarly, Michael Hanagan argued that, although a formal right to work was never introduced in Britain, there is a promise of fullemployment inherent in the institutionalised relation between citizens and state but this institution is rather one of collective demands and perceptions about governmental duties than a formal and enforceable citizenship right (Hanagan, 1999).

Furthermore, this wider perspective allows better insights in the social, cultural and economic realities of particular citizenship configurations. What ultimately matters for the individual citizen is not only her formal status but its realisation through specific institutions and connected everyday practices. In fact, a broader perspective is capable of testing formal citizenship rights against their practical and material implementation. Finally, and most important in the context of this project, this perspective is most suited for detecting and assessing even subtle changes of citizenship arrangements as well as it allows for further hypotheses about the consequences for the character of the specific polity. At this point, it should be noted that the perspective of citizenship practice is not a universal theory of citizenship.

While a synthesis of all perspectives into one universal theory is illusionary this idea could, nevertheless, enable communication between liberal,

20

communitarian/republican and radical as well as between normative and historical accounts of citizenship. They can be brought together in one framework based on concrete cases where they can debate and contest each other.

Nevertheless, in the context of this project it seems to be useful to modify the concept in some aspects. First, the understanding of citizenship practice should be expanded from a narrow focus on the citizens-polity relations to include also relations between citizens themselves. As Wiener’s work is mainly interested in the sui generis character of the EU as a polity and as this polity comes nowhere near the societal embeddedness of its member states, it is no wonder that relations between citizens are not in the focus of her investigation. When the focus is shifting to patterns of exclusion and inclusion, however, it is also crucial to investigate social relations where both the state and the EU play a decisive but more indirect role. For example, the economic sphere is separated from the polity but at the same time highly regulated. The political sphere defines the playing field and the rules of the game in which citizens (mostly as employers and employees) interact.

22

Another example is the ‘gender contract’ underlying a particular society, i.e. the division of labour between men and women and the corresponding social roles. Social roles of men and women, their incorporation in labour, politics and family are not directly regulated by the state; however, the state plays a crucial role in producing, reproducing or changing such structures. When considering this field, it becomes especially clear that understanding citizenship exclusively as direct relation between citizens and polity involves the

22 Accordingly, economic citizenship can be defined as "the rules and obligations set down for the incorporation of people into economic life" Teague, Paul. (1999). Economic Citizenship in the

European Union: Employment Relations in the new Europe . London: Routledge., it covers aspects like the conditions of the work contract, conditions at the work place or the rules of collective representation and bargaining; general accounts about the involvement of the state in the economy can be found in Block Block, Fred. (1994). 'The Roles of the State in the Economy.' In N. Smelser & R.

Swedberg (Eds.), Handbook of Economic Sociology (pp. 69-70). Princeton: Princeton University Press. and Tilly Tilly, Chris, & Charles Tilly. (1998). Work under Capitalism . Boulder: Westview Press..

21

danger of subsuming all other relations to the private realm thereby overlooking important patterns of exclusion and inclusion.

Secondly, it seems to be useful to examine the access-element more closely. Wiener rightly acknowledges a close connection between access and participation. For example both share a very strong element of voice. However, it is suggested here not to subsume participation under access but to keep them separated in the analysis.

Again, the main reason for this suggestion has to be seen in the slightly different context of this project. As the focus is more in detecting and assessing changes in national citizenship practices, it should serve the goal of greater clarity to investigate changes in rights and duties, participatory patterns and access structures separately.

Participation is always tied to certain ideas about citizenship and it is not only necessary to analyse the access to these procedures but also the character of a specific type of participation itself to assess its inherent quality of voice and ownership. For example, feminists have pointed out that even radical participatory procedures can create and reproduce patterns of exclusion, mainly by (re)producing a strong distinction between a public sphere of political deliberation and a private sphere outside of politics.

23 Moreover, if the understanding of citizenship is expanded to certain relations between citizens access can also refer to other dimensions as political participation and welfare state provisions, such as access to the labour market, access to participation in society (not in political terms) or working life or access to social resources in terms of social roles or networks and, therefore, to greater personal autonomy.

23 See especially feminist criticisms of civic republican approaches; for example in Young Young, Iris

M. (1989). 'Polity and Group Differences: A Critique of the Ideal of Universal Citizenship.' Ethics,

99(2), 250-274..

22

A final addition concerns the underlying dynamics of citizenship practice as historically developing practice. It was already mentioned that citizenship is a contested concept and that this contestation and the confrontation of existing arrangements with different images of ideal citizenship triggers and drives its development. Furthermore, it was noted that such interventions can take the form of bottom-up social struggles or of top-down construction initiated by the government and rather framed as modernisation or reform (e.g. Bismarckian or Thatcherite reforms). Here, it is suggested to complement this list with an additional process called external involvement .

24

In this case, particular citizenship arrangements are contested from outside the political system. It is important to note that the mere emergence of a new policy paradigm or a new discourse outside the polity is not yet seen as involvement in an existing citizenship regime. Such a process could, of course, account for important changes within the environment of a specific society but such external developments can also be taken up by national governments or domestic social movements and, thereby, trigger changes of citizenship configurations. In contrast, it is argued that the existence of an active agent (or more agents) is a crucial requirement for identifying external involvement. Furthermore, the way and the impact of these agents will take place in a wide range of different forms, why it is

24 Regarding the idea of external involvement, the argument is also borrowing from the literature on non-state actors, transnational advocacy networks and contentious politics in international relations and sociology Jacobson, David. (1996). Rights Across Borders: Immigration and the Decline of

Citizenship.

Baltimore: Johns Hopkins University Press, Keck, Margaret E., & Kathryn Sikkink.

(1998a). Activists Beyond Borders. Advocacy Networks in International Politics . Ithaca / London:

Cornell University Press, Keck, Margaret E., & Kathryn Sikkink. (1998b). 'Transnational Advocacy

Networks in the Movement Society.' In D. S. Meyer & S. Tarrow (Eds.), The Social Movement Society.

Contentious Politics for a New Century . Larnham; Boulder; New York: Rowman & Littlefield, Klotz,

Audie. (1995). Norms in International Relations. The Struggle against Apartheid . Ithaca and London:

Cornell University Press, Risse, Thomas, Stephen C. Ropp, & Kathryn Sikkink (Eds.). (1999). The

Power of Human Rights. International Norms and Domestic Change . Cambridge: Cambridge

University Press, Risse-Kappen, Thomas (Ed.). (1995). Bringing Transnational Relations Back In.

Non-State Actors, Domestic Structures and International Institutions . Cambridge: Cambridge

University Press, Tarrow, Sidney. (1998). Power in Movement. Social Movements and Contentious

Politics (2nd ed.). Cambridge: Cambridge University Press.

23

suggested to introduce a further distinction between vertical and horizontal external involvement .

Vertical external involvement is understood as intervention that is directly influencing domestic structures in a more or less hierarchical or top-down manner. This type will be rather the exception as sovereignty remains a key constitutive principle in world politics; however, there are international structures that are well able to intervene with national arrangements in such a manner. For example, if a WTO ruling would limit states’ options to protect or to subsidise specific industries or sectors it could also have an impact on national citizenship practice as states would loose a whole number of (demand-side) strategies to protect their citizens from the pressures of global competition. In fact, most cases of vertical external involvement will be found within the EU. In the field of social and employment policies, the European Court of Justice

(ECJ) has repeatedly intervened in national citizenship, especially in questions of equal opportunities, health and safety or the mobility of labour (Ferrera, 2003;

Leibfried & Pierson, 2000; Teague, 2000). Among the provisions about EU citizenship in the treaty (Art. 8-8e), the right to vote and to stand as a candidate in municipal elections for all EU-citizens can also be seen as involvement with national citizenship, especially with its boundary-making function. Other examples would be the European Works council directive or the Working Time Directive. However, when looking at these examples, it also becomes clear that there will always be some overlap between different processes of citizenship contestation and that the three general types mentioned so far should be rather seen as ideal types that will always occur in mixed forms. Moreover, given the complex and sui generis nature of the EU it should also be noted that this involvement is not external in a pure sense. National

24

parliaments and governments still constitute the major sources of legitimacy for the

EU and, therefore, also play an important role in its legislative processes.

This will be even more the case in the second subtype, horizontal external involvement . In that case, the external actor has neither the power nor the legal competence to directly influence a national citizenship regime; instead it will pursue strategies based on arguing, naming and shaming, or guidance by providing information. In short, this type is mostly characterised by cooperative action. Again, the best example for such a process can be found in the European Union. A whole set of policies from higher education to social inclusion to employment is now governed on EU level by applying the open method of coordination. All of these policy areas are characterised by the dilemma that the EU does not have a legal competence to regulate them and that, at the same time, EU involvement is seen as necessary.

Therefore, the Union tries to influence the configurations within its member states by setting benchmarks, providing transparency and information about best practices, enabling policy learning and issuing recommendations to individual member states.

Again, change of national citizenship regimes cannot be taken for granted but the external involvement can interact with national top-down or bottom-up processes of citizenship reformulation. At the least, such horizontal external involvement will change the opportunity structures for domestic actors. No matter which actors are challenging existing citizenship practices and no matter what resources they have at their disposal, it should never be forgotten that the mere process of contestation does not say anything about success or future citizenship configurations.

The next section will link these conceptual considerations on citizenship with EU employment policies.

25

INVESTIGATING EU INVOLVEMENT IN NATIONAL CITZENSHIP

CONFIGURATIONS: THE CASE OF EMPLOYMENT POLICIES

It was already mentioned that the EES is the crucial instrument of EU employment policies. Although citizenship is never directly mentioned, it is also a process of external involvement by the Union in citizenship formations of its member states. It was also mentioned that the Keynesian welfare state and its substantial formations of economic and social citizenship finally accommodated class conflicts although its institutions still consolidated strong patterns of exclusion. If those systems are now being eroded, if states struggle to reform their labour markets, social security systems and thereby their citizenship configurations, and if the EU could provide crucial solutions, the question arises how its role in the struggle for reform could be identified and assessed.

In general, it is not expected that any state will be able to simply restore its old system of labour market, employment and welfare policies. Rather, the task consists in finding a new balanced relation between adapting to new economic conditions and protecting citizens against mere commodification of labour and securing a maximum of inclusion. Nor will the EU impose a new and functioning system to any of its member states. Rather, the process will be a complex mix of influences from all directions. Given the soft-governance character of the EES, the involvement of the

EU will be horizontal though accompanied by some more vertical measures such as directives or case law in areas where the EU does have more competences (for example equal opportunities or health and safety).

The EES is built around three overarching objectives Full employment, Improving quality and productivity at work, Strengthening social cohesion and inclusion ; ten guidelines are set up annually defining priorities for their implementation (Council of

26

the European Union, 2003).

25

In 2003 a task force lead by the former Dutch prime minister Wim Kok published their highly critical report about the performance of the

EES identifying four main priorities in order to achieve its goals: increasing adaptability of workers and enterprises ; attracting more people to enter and remain in the labour market; investing more and more effectively in human capital and lifelong learning; and ensuring effective implementation of reforms through better governance (Employment Taskforce, 2003). In the course of the midterm review and the relaunch of the Lisbon Agenda during 2005, the EES was again subject to fundamental changes. For example, the employment guidelines are now issued together with the Broader Economic Policy Guidelines (BEPGs) in a package of integrated guidelines.

26

Moreover, all reports concerned with the Lisbon Strategy are now merged into one single annual report that has to be submitted by the ember states.

Finally, and most important, with the refocusing on growth and jobs, the general tone of the relevant documents and guidelines is shifting away from commitments to concrete normative aspects like gender equality or the integration of disabled and

25 Following the mid-term review of the EES in 2002 European Commission. (2002). Taking Stock of

Five Years of the European Employment Strategy . Communication from the Commission to the

Council, the European Parliament, the Economic and Social Committee and the Committee of the

Regions. Brussels, 17.7.2002, COM(2002) 416 final. it was agreed to keep the employment guidelines stable for3 years European Council. (2003). European Council 20 and 21 March 2003. Presidency

Conclusions . Brussels..

26 Nevertheless, BEPGs and employment guidelines remain based on different articles of the Treaty and are kept in separate in the Commission’s proposal European Commission. (2005b). Integrated

Guidelines for Growth and Jobs (2005-2008) . Communication from the President, in agreement with vice-President Verheugen and Commissioners Almunia and Spidla. Brussels, 12.4.2005, COM(2005)

141 final. as well as in the Council Council of the European Union. (2005b). Council Decision of 12

July 2005 on Guidelines for the employment policies of the Member States . Brussels, 12.07.2005,

2005/600/EC, Council of the European Union. (2005c). Council Recommendation of 12 July 2005 on the broad guidelines for the economic policies of the Member States and the Community (2005 to

2008) . Brussels..

27

migrants to a more quantitative language of growth.

27

It is to be seen how these changes affect the national programmes in the member states.

28

With regards to the development of citizenship these priorities mirror the basic tension inherent in the task of reform. On the one hand, bringing as many people as possible in the labour market is one of the main goals of the Lisbon Strategy (see

European Council, 2000).

29

On the other hand, it is crucial to scrutinise under what conditions this massive extension of labour market participation shall be achieved.

Will the policies developed under this headline create a factual extension of new citizenship practices and thereby achieve successful reform or progress, will they reproduce old patterns of inclusion and exclusion or will they even result in a decline of citizenship.

30

The focus of the study is on political and social practices.

31 It has a special interest on the identification of change in citizenship practices. Two further lines of enquiry follow from this. First, there is the issue of whether any change can be attributed to the EES. Second, the degree and scope of any change have to be assessed. A crucial issue to be considered is how far new practices are spread across a society. For

27 For example, instead of being addressed in specific guidelines, these issues are dispersed over a set of much more general provisions in the new integrated guidelines.

28 The first national reports within the framework of the renewed Lisbon strategy are due in autumn

2005.

29 In general, the tension of combining economic efficiency and flexibility with broader normative objectives, such as equality, security or work-life balance is a basic condition for social policy and especially on EU level.

30 In fact, the most recent Joint Employment Report warns against the dangers of a continuing labour market segregation, the emergence of a possible two-tier labour market, a considerable number of working poor and against stubbornly high gender pay gaps Council of the European Union. (2005a).

Background document for the Joint Employment Report 2004/2005 revised following bilateral and

EMCO meetings (unofficial) . Brussels, European Commission. (2005a). Draft Joint Employment

Report 2004/2005 . Communication from the Commission to the Council, the European Parliament, the

Economic and Social Committee and the Committee of the Regions. Brussels, 27.01.2005,

COM(2005)13 final..

31 The research project setting the context for this paper contains a comparative case study investigating possible shifts of citizenship practices in the UK, Germany and Hungary. Because this paper aims at spelling out the underlying conceptual ideas on citizenship and at connecting them with the political process of the EES and for the sake of brevity, the presentation is kept on a more general and hypothetical level.

28

example, are they confined to elite circles of experts and decision-makers, or can they be observed in public discourse? Concerning the scope of change, it has to be assessed whether new social practices represent mere discursive change, whether they affect existing social relations and identities and their subsequent legal consequences – such as enforceable rights. The assessment of new citizenship practices shall be considered in relation to their impact on patterns of exclusion and inclusion in terms of rights, participation and access.

Rights . Regarding rights, policies could, on the one hand, imply mere cutbacks or undermine existing rights, for example by introducing conditionalities. On the other hand, they could create new rights or extend entitlements to new groups. In general, the EES restricts itself to a language of policies and programmes with reference to existing fundamental rights such as the right to equal treatment. However, it could result in better implementation of existing rights, for example, by targeting existing gender pay gaps or lower pay for part-time work. In contrast, policies aimed at “activating” unemployed citizens by cutting benefits will undermine rights to concrete welfare provisions.

Participation. The extension of participation to new groups, new participatory procedures, or extending participation to new sectors and levels could account for citizenship practices promoting more inclusion. In addition, new participatory procedures could lead to qualitative shifts of participation. In short, this dimension refers to extensions and constrictions of voice.

Regarding participation, the EES mainly emphasised the social partners.

However, in the course of the relaunch of the Lisbon Strategy there is a new emphasis on the necessity of an all-encompassing partnership mobilising all

29

stakeholders and involving the individual citizen (see for example European

Commission, 2005c). It has to be seen if these attempts to regain trust will lead to new participatory structures.

Access . If the EES has any impact at all, it will most likely induce shifting access structures. Moreover, as many patterns of exclusion/inclusion are produced in this dimension, such changes are likely to have strong implications for citizens’ everyday life. For example bureaucratic hurdles to welfare provisions or discrimination against recipients of such provisions could be eliminated. Furthermore, state policies could influence the general meaning of social roles and basic terms of society thereby empowering formerly excluded like women, disabled, migrants or the elderly. Moreover, effective life-long learning strategies, policies tackling labour market segmentation and increasing chances to remain in the labour market could also constitute new access patterns. Finally, policies targeted at gender gaps and at reconciling work and family could result in better access structures for women. The approach of gender mainstreaming has to be particularly highlighted in this respect.

On the basis of the discussion so far, it is possible to formulate a number of hypotheses relating to the potential interrelations between the EES and the EU

Member States for further consideration.

1.

Erosion . Soft governance could either prove to be entirely futile because it cannot produce adequate solutions in time or because it proves to be subverting national citizenship without producing an adequate alternative or because it fails to commit member states. Or it could produce new social practices, which undermine citizenship rather than restoring it (Scharpf, 2002;

30

Teague, 2001). In both cases, member states are more likely to respond to ongoing challenges with deregulation, diluting national citizenship and ultimately eroding power and legitimacy. In addition, failure of the EU will undermine its legitimacy resulting in a retreat of the state and advancing the prospect of the emergence of a “neo-liberal state” (Robinson, 2001).

2.

Successful reform of national citizenship.

The EES increases the general participation in the labour market and prompts Member States to redefine their relations with their citizens in favour of (more) inclusive arrangements. In this sense, states gain additional legitimacy by granting gender sensitive citizenship and greater inclusion using the resources and practices made available by the EES (cf. Gerstenberg & Sabel, 2000).

3.

Stateness for the EU. In this case, successful reform of citizenship practices and the installation of new inclusive patterns of rights participation and access take place. However, in the public perception, this change is largely ascribed to the involvement of the EU. Accordingly, new practices establish new relations between citizens and the state, the state and the EU and citizens and the EU. More inclusive citizenship has become an attribute of EU-citizenship and thereby, the EU is gaining attributes of stateness (without inevitably becoming a European super state) (cf. Hemerijck, 2004; cf. Charles Tilly,

1975).

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