Toothless European Citizenship / Šimon Uradnik

the grandiose promoter of this method, T. H. Marshall. 255 Yet, what is crucial to this section is the argument of his and his followers that rights may originate only in a ‘nation-state’, and only a ‘nation-state’ is the guarantor of them. 256 One might not wonder why with respect, on the one hand, to the background of T. H. Marshall in the Anglo-Saxon cultural sphere, which M. Mann criticises as the ethnocentric bias which may have caused he had taken perspective only from the Anglo Saxon history in terms of the evolution of rights. 257 And on the other hand, with respect to the period when this interpretation was developed — early after the Second World War. Nevertheless, already during that time, the European 258 and inter national 259 legal systems of protection of human rights and fundamental freedoms, as legal sources, were evolving; hence, it might have already seemed somewhat anachronic then. 260 Albeit these international and regional regimes have established rights, the citizens’ access to them has still been in the hands of ‘nationstates’; thus, they could not be considered nonvicarious. However, it is apparent that rights do not only stream from a structure of a ‘nation-state’, as T. H. Marshall and his followers argued, but also from the international regimes of protection of human rights and fundamental freedoms. Yet, vicariously through ‘nation-state’ legal orders. A different story is nevertheless in the case 255 Thomas H Marshall, ‘Citizenship and Social Class’ in Citizenship and Social Class and other essays (Cambridge University Press 1950). 256 Exempli gratia , T. H. Marshall, D. Held or M. Mann. To that effect, see Linda Bosniak, ‘Citizenship Denationalized’ (2000) 7/2 Indiana Journal of Global Legal Studies 466 accessed 19 th April 2023. 257 Michael Mann, ‘RULING CLASS STRATEGIES AND CITIZENSHIP’ (1987) 21/3 Sociology 340 accessed 19 th April 2023. 258 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR). 259 International Covenant on Civil and Political Rights (adopted 16 th December 1966, entered into force 23 rd March 1976) 999 UNTS 171 (ICCPR), and International Covenant on Economic, Social and Cultural Rights (adopted 16 th December 1966, entered into force 3 rd January 1976) 993 UNTS 3 (ICESCR). 260 According to Y. Soysal, ‘[w]ith the breakdown of the link between the national community and rights, we observe multiple forms of citizenship that are no longer unequivocally anchored in national political collectivities. These forms [of citizenship], [he] called “postnational”’. To that effect, see Yasemin Soysal, ‘Changing Parameters of Citizenship and Claims-Making: Organized Islam in European Public Spheres’ (1996) 96/4 EUI Working Paper EUF 5 accessed 19 th April 2023. In addition, see Jo Shaw, ‘Citizenship of the Union: Towards Post-National Membership?’ (1997) 97/6 Harvard Jean Monnet Working Paper accessed 19 th April 2023.

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