ARENA Working Papers
WP 01/9

Union Citizenship:

Unpacking the Beast of Burden


Andreas Føllesdal



Union Citizenship was a conceptual innovation of the Maastricht Treaty, restated in the Treaty of Amsterdam. By introducing the term 'citizenship', the Member State governments signal that they envision a polity, albeit one where the link between political rights and territory of states is broken. The present paper addresses some of the tensions created by Union Citizenship, concerning conflicts between the intended aims and the possible consequences. Section 1 defends the view that Union Citizenship was introduced as a solution to the perceived need for greater mutual trust in future compliance with Community-level practices. Section 2 considers some challenges to this function of Union Citizenship. 'Union Citizenship' implies that the offices and other institutions of the European Union are appropriately subsumed under the conceptual schemes and democratic normative ideals of constitutional law and political philosophy, that those subject to laws should also be legislators with an equal say. Insofar as Union Citizenship highlights the legitimacy lacunae in the Union, it may threaten Europeans' support of their common institutions.

Section 3 explores the commitments citizens must have if citizenship is to play the role laid out, of bolstering trust and trustworthiness. The upshot is that for Union Citizenship to contribute to trust among Europeans, citizens must be habituated to three sets of commitments that appear required to maintain legitimate and stable institutions. Individuals must be committed firstly to principles of legitimacy for the political institutions and constitutional norms; secondly to local norms and cultural
practices, duly pruned by considerations of justice. Thirdly, and going beyond "Constitutional Patriotism", Union citizens must share fragments of a justification of the principles of legitimacy, such as a conception of the proper roles of individuals, member states and the Community institutions. Such commitments are required for citizens to make credible commitments, and hence be trustworthy. A Liberal Contractualist theory is used to illustrate the role of these three commitments, and rebut objections.

1 If Union Citizenship is the answer, what is the question?

One main reason why the European Commission recommended the establishment of 'Union Citizenship' was to foster popular support and allegiance to Union institutions and policies, in response to a perceived legitimacy deficit (Closa 1992, 1155; Shaw 1997b; Wiener 1997). Indeed, awarding citizenship is often regarded as a way to cultivate community (Kymlicka and Norman 1994). In the case of the European Union, some regard talk of citizenship as a cynical public relationsn move while others are expressly optimistic (Weiler 1996 and Kostakopoulou 1996, respectively). Still others suspend judgement regarding this attempt at identity building at a European scale (Laffan 1996; Preuss 1996; Lehning and Weale 1997).

Union Citizenship appears to offer too little, too late. As citizenship goes, Union Citizenship has an anaemic content, and its future function remains unclear and contested, beyond the explicit claim that it shall complement rather than replace national citizenship. Historically, citizenship rights have served to bolster allegiance by protecting against abusive governments, and by directing state power towards the common good. But Europeans already enjoy a wide range of civil and political
rights through the European Convention on Human Rights, and by the new Charter on Fundamental Rights [PDG1](Preuss 1996, 138; {Weale 1998 #16780}; {Moravcsik 1998 #24300}, 54). And Europeans have looked to their own governments for social rights and welfare arrangements. Thus Union Citizenship can hardly compete on these grounds. To the contrary, the alleged focus in the Union on market rights is perceived as a threat to domestic redistributive arrangements. So Union Citizenship could hardly be expected to solicit support as a protection against government abuse, or for securing social rights.

Nevertheless, Union Citizenship can be regarded as a measure to increase trust among the citizens of Europe. The present reflections pursue this interpretation.

On Trust - Impersonal Reciprocity

The need for trust arises under circumstances of mutual dependence where the regular co-operation by each depends on their conscious or unreflected expectation of the regular co-operation of others - the "confidence of the future regularity of their conduct" as David Hume put it (Hume 1960, 490). Widespread mistrust, the suspicion that others will exploit one's co-operation rather than reciprocate, can prevent or unravel complex rule-governed practices of co-operation. This is not to
say that universal cooperation must be expected by all, since social systems may be quite resilient faced with free riders. But some extent of mutual trust is important for social institutions to remain stable over time. Actual compliance by a large proportion of individuals is important, but insufficient to ensure such trust. Each must also have reason to believe that many others will continue to comply in the future, particularly when compliance by each is conditional on the compliance of others.Each must regard the compliance of sufficiently many others as highly probable. This trust requires, in turn, that the others can appear trustworthy - that they can indeed commitment themselves to future compliance (Hardin 1996).

Karl Deutch and others have researched integration as, in part, a matter of attaining such dependable expectations in a population (Deutsch et al. 1957, 36). Trust has recently received further scholarly attention due to its role in constituting or creating "social capital" - "social connections and the attendant norms and trust" (Putnam 1995, 665; cf. Loury 1987; Coleman 1990). These features of social relations are not an all or nothing affair. Thus, notably, citizens of different states -- and different regions -- exhibit varying degrees of trust (Fuchs and Klingemann 1999, Putnam 1995).

Institutions and social practices generally can play important roles in creating mechanisms that enhance trustworthiness by enabling commitments, thereby reducing unwarranted mistrust (Kydd 2000). Clear lines of authority and mechanisms for monitoring and sanctions reduce the temptation to free ride or default on one's promises, and hence reduce the likelihood of defection by oneself and others. Much research on trust has focussed on such situations where individuals must consciously decide to place trust, possibly on the basis of calculations about the trustworthiness of others (Coleman 1990, 96-104). These arrangements are especially important when establishing practices, as in the European Union at present, where institutions can be crucial for facilitating co-operative games.

Institutions also serve other important functions in creating and sustaining trust. Once stable patterns of co-operation are established individuals need not decide on the basis of conscious calculations. Indeed, stability is often enhanced when individuals are socialised so that their perceptions and preferences make certain behaviour seem obvious and appropriate, or is simply taken for granted, rather than basing actions on calculation (Stinchcombe 1986, March and Simon 1993). Institutions may habituate individuals, shaping their interests and perceptions of alternatives so as to reduce the inclination to free ride and increase their confidence in the behaviour of others. Institutions can socialise individuals to abide by norms that call on unconditional cooperation, regardless of whether others can be expected to cooperate. Such "Kantian" motivations can be beneficial, and may help explain collective action (Elster 1985, 150-51). Institutions can also foster compliance by generating what Lawrence C. Becker calls "noncognitive" trust, a sense of security about others benevolence and compliance that is not focussed on specific people or institutions, nor a matter of conscious strategic choice (Becker 1996). Institutions can engender expectations of what I will call impersonal reciprocity. Robert Putnam argues that the operative norm in trust is what he calls "generalised reciprocity", fostered in civil society: “(N)ot 'I'll do this for you, because you are more powerful than I,' nor even 'I'll do this for you now, if you do that for me now,' but 'I'll do this for you now, knowing that somewhere down the road you'll do something for me'" (Putnam 1993, 182-83).

However, stable institutions can also rely both on the unconditional cooperation mentioned above, and on a more general reciprocity, that "I'll do this for you, knowing that somewhere down the road someone else will treat me in the appropriate way me." Such impersonal reciprocity is fostered by confidence in the general compliance with social institutions -- including abstract, aggregated political systems (Inglehart 1970; Giddens 1995).

Social practices exhibited in institutions rely on such norms of impersonal reciprocity, but can also foster them - though slowly (Putnam 1993, 184; Rawls 1993, 168). The importance of belonging and 'access' signalled by institutional allocations of rights, such as that of Citizenship, should not be ignored (cf. Wiener and Della Sala 1997). Rights are important background conditions that frame individuals' perceptions of belonging and opportunities for common projects and a shared future. Thus institutions and practices shape strategies and the games people play, but they also shape our identities, in the sense of how we conceive of ourselves, our values, norms and interests. These features have been explored by "New Institutionalism" (March and Olsen 1989, March and Olsen 1989), honing insights found among authors as different as Aristotle, J.-J. Rousseau, J. S. Mill and John Rawls (Rousseau 1972, 4; Rousseau 1993); Mill 1969, 139; Mill 1958 ch. 3; Mill 1970, 23; Rawls 1971).

The need for trust among Europeans

One possible justification for Union Citizenship is precisely as a means to foster, flag and maintain the mutual, legitimate trust and trustworthiness required for complex interdependence among Europeans.

Eurobarometer surveys on trust from 1976 to 1990 indicate that the peoples of various member states generally report an increasing trust in each other. Trust is also more salient among citizens of the original six member states, in the sense that more individuals had opinions about others trustworthiness. Institutional integration thus seems to be accompanied by increased trust (Niedermayer 1995, 237). But the level of trust is modest, as compared to the trust in fellow citizens. Yet Union regulations increasingly require individuals and country representatives to adjust or sacrifice their own interests for the sake of other Europeans.

I take this to be why the president of the European Commission, Mr. Prodi, has joined the ranks of those on a "search for a European 'soul'….. how to gradually build up a shared feeling of belonging to Europe" (Prodi 1999). Mr. Prodi suggests that several important developments of Union institutions rest on building this shared feeling of belonging: "a strengthening of Parliament, use of the right of veto in exceptional cases and a reorganising of the Commission and its powers". There are at least four aspects of Union regulations where trust in the compliance and trustworthy commitment of others is important. Trust is necessary for compliance with existing rules, for creating regulations, for establishing and adjusting institutions, and for court adjudication.

a) Compliance with existing rules
In the domestic arena, citizens can assume that others live up to a political duty of obedience to law. Increased use of majoritarian decisions in the Union will require similar trust, and hence a better account of why these procedures should be regarded as binding on conduct. Assurance about the future compliance of other Europeans is especially important when individuals are required to act contrary to their own interests, and against the majority of their fellow domestic citizens, out of respect for the majority decisions made in European institutions (Scharpf 1997, 21). An extreme example is the duty to fight for Europe. A common defence policy in Europe may require that soldiers make the ultimate sacrifice of their own life for the sake of European values or Europe's future. Member states may be required to turn their forces over to Union authorities, trusting that the common military power will not be turned against them selves. Trust in others' stable compliance is
paramount for achieving and sustaining such practices. The population at large must also trust the legislators and executive branch. For instance, if the population perceives that the Commission abuses trust, acceptance and compliance with its decisions are at stake (Wessels 1999, 268). The trust in Union officials is at stake in the mundane areas of everyday compliance with Union regulations, insofar as the public asks whether decisions have indeed been made with their interests in mind.

b) Creating laws and regulations
Deliberations and decisions concerning Union regulations must also be based on legislators' trust in the compliance of other legislators. Expectations of shared commitments are crucial to secure common ends when creating and administering binding laws and regulations. As more decisions are made by majority vote rather than unanimity and the European Parliament gains importance, trust in the commitments and compliance of others becomes more important. One source of such mistrust could be the findings that suggests that domestic government officials attending Commission committees shift their loyalties, from government representatives towards evoking roles as supranational, pro-integrationist agents (Egeberg 1999, Egeberg and Trondal 1999, Trondal 2000). Insofar as domestic legislators -- and citizens generally -- mistrust the commitments of their 'representatives' in European Union bodies, future compliance is at stake.

Commitments, hence trustworthiness and trust in others can be fostered by institutions designed with this in mind. Indeed, common commitments are a crucial product of common institutions. At the same time trust in the future behaviour of others is a necessary backdrop both for veto and majoritarian arrangements. Political decision-makers must be trusted to take others' weal and woe into consideration in conflict resolution and common decisions. Legislators must trust each other, and be trusted by the populations, to have a cosmopolitan attitude, so that they "assess the impact of their law making in terms that go beyond considerations of national expediency" (De Greiff 2001). Many theorists, perhaps especially deliberative democrats, stress the importance of exercising such "public reasonableness" both in shaping one's preferences and when participating in collective decisions (Macedo 1990). Public deliberation may be an important mechanism for preference formation, but such effects are most likely when each expects other participants to adjust their ends and preferences likewise (Femia 1996, Przeworski 1998). That is: participants must trust each other to be committed to adapting values, aims and preferences in light of what each takes to be the best reasons. Otherwise participants run the risk of exploitation by those who pursue their own unbridled self-interest under the guise of common interests. Carefully designed institutions can economise on trust, for instance by careful sanctioning mechanisms, but the need for trust in the future actions and commitments of others cannot be removed completely. Thus individuals must be able to make credible commitments so as to convey their trustworthiness to others.

In a similar vein, veto powers easily lead to deadlock in the absence of trust. No one must fear that others will veto extensively to their own advantage. Likewise, regarding preference aggregation through day-to-day majoritarian voting, the minority must submit while trusting that future minorities will do likewise (Taylor 1969, Barry 1991). When important one-shot decisions are made by majority or qualified majority vote, trust in the majority's commitment to also consider others' interests becomes even more important. Likely minorities must be confident that the majority will take their interests into account. Thus Jürgen Neyer notes that Commission proposals to the Standing Committee on Foodstuffs often seek to reflect the interests of all Member States. The Commission does this in order to ensure compliance which "is only likely to happen when delegates see their own legitimate concerns acknowledged and protected in the decision-making procedure" (Neyer 1999, 225).

c) Creating institutions
A third case where trust is important is when institutions are created or modified in (quasi)constitutional conventions. The European Intergovernmental Conferences regularly recast institutions in such ways, most recently in Nice December 2000. If not yet evident, we can expect the institutions of the European Union to shape participants' motivations and values in the future (Checkel 1999; 2001), and create and affect arenas of deliberations and decision among and within states. Trust in the shared commitments and likely future behaviour of others is important when establishing institutions with such important impact both on identities and outcomes. Given these high stakes, citizens and their representatives must be reasonably secure that their interests are considered and respected by other participants. Individuals must not only trust others to comply with existing institutions, but also believe that others will change institutions guided by shared values or ideals, e.g. concerning the proper allocation of tasks between the Member States and the Union. A Principle of Subsidiarity, or some other guiding principle, can guide such institutional changes (Follesdal 1998). Only then can the parties expect that the new modes of decision-making will both foster the appropriate common commitments and secure fair outcomes.

If the Union remains a polycentric political order with federal elements, with competences split -- or even shared -- between Member States and Community institutions, the question of institutional stability becomes even more important. This is even more so if the future holds "Multiple Europes" of asymmetric federal arrangements where Member States have different bundles of competences. Historically, the institutions of such multinational federations have been less stable than those of unitary states -- especially ({Kymlicka 1998 #24290}, {Lemco 1991 #22890}). A central challenge is to maintain trust in the co-operation of others during the frequent challenges to competence allocation between the central unit and sub-unit, while secure loyalty both to the particular group and to the state (cf. Lijphart 1977, 81-83; Mason 1999, 282). Arguably, trust in a shared commitment to some common ground is even more important in such asymmetric and changing polycentric orders. The participants must find ways of making credible commitments.

d) Courts' rulings
The fourth area where trust is necessary concerns the adjudication of Community regulations by domestic courts and the European Court of Justice. Citizens must trust the court to interpret the legislation correctly, according to the fundamental ideas and ends of the Treaties. If citizens repeatedly fail to be assured that the Union is based on the rule of law and fundamental principles, they will question whether the costly compliance required of them is justified.

A fundamental challenge in these cases is to ensure that Europeans, both ordinary citizens and officials, have grounds for trust, that is: the mutual expectation that they comply with common laws and regulations, and that they create new institutions and rules guided by a common commitment to the European weal. One important function of Union Citizenship is to bolster such trust, by facilitating the ability of individuals to appear trustworthy in their commitment to future compliance. If
successful, Union Citizenship can serve as a beast of burden to secure the requisite trust among Europeans at large. By invoking a concept central to notions of legitimate governance, talk of Union Citizenship invites assessment of the European Union according to conceptual schemes and normative ideals of democratic political orders. The same arguments that support domestic political obedience and facilitates trust among citizens, may also apply to the political order of the Union,
and support trustworthiness and mutual trust among the citizens, politicians and bureaucrats of Europe. Section 3 suggests how Liberal Contractualism might provide the requisite component ideals and norms of Union Citizenship. However, we must first consider some general objections to this understanding of Union Citizenship.

2 Union Citizenship - contributing to mistrust?

Union Citizenship may well have been introduced to enhance trust among Europeans among themselves and towards those who govern Europe. But this move may also be counterproductive, since talk of Union Citizenship may increase the level of mistrust. Citizenship invokes standards of legitimacy that may destabilise rather than consolidate the European political order. Neither the political will, nor the resources, may be available to establish institutions that satisfy such standards. Union Citizenship may also contribute to the demolition of a European political order in the making, since citizenship is said to require, rather than foster trust. For these reasons one may counsel caution about introducing the office of Union Citizenship -- quite yet.

Trust as precondition

A functioning and legitimate democratic political order may foster trust in the good will and compliance of others. A stable order also requires trust among citizens as a precondition, as sketched above. But neither means of committing oneself to future compliance, nor arenas for political deliberation and preference formation exist in Europe at present. Others' commitment to the common European weal is required, but not yet secured.

In response to this worry, we should note that the development of a European sense of commonness might be a dynamic process. Common institutions - such as citizenship, or common social policies - can help create collective identities and solidarity, thus building trust. (Preuss 1995, 277-78; Streeck 1996; fn64 and 74; cf. Putnam 1993, 184; Rawls 1999, 112). A consequence of shared institutions may well be to create the appropriate will to live together (Preuss 1996), and to secure the shared communication and commitments necessary for legitimate majority rule (Habermas 1998, MacCormick 1997, 353).

The role of institutions in shaping perceptions, preferences and options suggests that pessimism on the basis of current absence of trust is premature (Follesdal 2000). Nevertheless, we should heed Dieter Grimm's concern about the present absence of a European public sphere and other prerequisites for democratic rule (Grimm 1995, 293-94). Institutions should economise on trust while at the same time fostering the means for credible commitments among Europeans. For such reasons, majority rule may best be introduced only gradually -- as we indeed witness in the successive treaties.

Citizenship may foster institutional redesign

[PDG2]'Citizenship' begs the question of the normative authority of Union institutions: why, if at all, should individuals and officials regard Community regulations as morally binding on their conduct, imposing on them a moral obligation to comply? Answers would typically refer to the normative legitimacy of Member States as signatories of the treaties. But the label 'Union Citizenship' indicates that the future European order must satisfy democratic principles harking back at least to Jean-Jacques Rousseau and Immanuel Kant (Rousseau 1978, 1760; Kant 1980). Equal respect requires that those subject to laws should also be legislators with an equal say -- also in matters European.

Community-level institutions increasingly shape the lives, circumstances and aspirations of Europeans. Union regulations enjoy status as a new legal order, exercising legal authorities through the doctrines of Supremacy and Direct Effect (Weiler 1991; MacCormick 1997). Combined with the lack of standard-issue democratic control over the Union, these considerations lead to the question whether individuals are still full citizens of their own state, or whether they are merely subjects of the Union -- their "Union Citizenship" notwithstanding ({Closa 1992 #17730}).

The offices and institutions of the European Union are to be assessed by the democratic normative ideals of constitutional law and political philosophy concerning polycentric governance. As of yet, the Union institutions fall far short of such criteria. Insofar as Union Citizenship highlights these deficits, it may serve to reduce, rather than enhance the support and trust Europeans exhibit towards each other and their common institutions.

In response to this worry, it seems clear that talk of citizenship may fail to provide the desired support for existing institutions. However, the conclusion is not automatically that the normative political ideals and standards of democratic governance should be scrapped. This would run counter to the traditional critical function of normative political theory in the Western tradition.

An equally sound conclusion is that the concept of Citizenship bolsters demands for institutional redesign, so as to secure continued, willing compliance with coercive institutions. This actual impact of the European Union supports the view that the Union must be regarded as [PDG3]a Commonwealth in David Hume's or John Locke's sense. It must be regarded and assessed as a body politic founded on law for the common "weal," or good, "directed to no other end but the peace, safety, and public good of the people" (cf. MacCormick 1997). Currently, the institutions and practices of European governance are not visibly designed for democratically decided ends, witness the persistent concerns about a 'legitimacy deficit'. Discussions exhibit disagreements both regarding diagnosis and about democratic remedies appropriate for polycentric political orders (Shaw 1997a, 16). The need to enhance democratic control is unavoidable given the political impact of the Union. Talk of 'Union Citizenship' does not create these tensions, and they do not disappear by abolishing the term. Only solutions to the legitimacy deficit of the Union can secure
long term trust among Union Citizens. However, it remains to be seen whether there is political will for such changes -- and whether resources are available to allow for such changes. Political craftsmanship must rest on awareness of not only the scope, but also the prerequisites and limits to institutional redesign (Olsen 2000 and Joerges, Mény, and Weiler 2000 generally).

The following sections explore a Liberal Contractualist account of the commitments required of citizens if Union Citizenship indeed is to facilitate the trust required for a just and stable European political order.

3 Citizenship: Commitment to Practices and Political Theory

I shall suggest that a normative theory of citizenship must require that citizens be habituated to three sets of commitments if it is to facilitate the requisite trustworthiness and trust among Europeans required to acquire and maintain legitimate institutions. Other components are of course also important, for instance substantive political, social, civil and economic rights. But for the purposes of facilitating trust, our concern is three commitments that citizens must have. Firstly,
citizens must actually comply with existing rules. This is important, but insufficient. Citizens must also have reason to believe that others will continue to comply in the future. Such trustworthiness, essential for stability, can be maintained by a publicly known, generally shared commitment to comply for what each person regards as good reasons in the form of a thin political theory. Such a theory would include a commitment to principles of legitimacy for institutions. The third common
commitment is to the immediate premises for such principles, for instance, a conception of citizens as equal members of the multi-polar political order.

One such thin theory is offered by Liberal Contractualism, sketched here for purposes of illustration. The substantive normative content is not central to the issue at hand[2].

Liberal Contractualism

Liberal Contractualism is a normative tradition, Kantian in form, that holds that every affected individual's interests, suitably delineated, must be secured and furthered by the social institutions as a whole (Rawls 1971; Rawls 1993; Dworkin 1978). Contractualist theories hone this vague commitment by invoking the notion of hypothetical consent (O'Neill 1989). The principles of legitimacy we should hold institutions to are those that the affected persons would unanimously consent to under conditions that secure and recognise their status as appropriately free and equal, thus manifesting "our respect for the reasonableness of others" (Macedo 1990).

Such principles allow each of us to "justify one's actions to others on grounds they could not reasonably reject" (Scanlon 1982, 116; Scanlon 1998; Barry 1989, 8). This Kantian conception holds that individuals are committed to a highest-order interest in living together with others on terms they could not reasonably reject. We respect persons when our policies satisfy the appropriate set of principles, much in the same way as Barbara Herman interprets Kant's use of the Categorical
Imperative (Herman 1997, 192).

The details of this contractualist commitment need not concern us here, beyond noting that Contractualism takes [PDG4]the fact of pluralism seriously. The apparently permanent persistence of partially competing conceptions of the good life creates additional burdens for providing common grounds for accepting - and rejecting - principles.

Contractualist citizenship requires three sets of commitments. Individuals must be committed to the local practices and institutions that surround them. Moreover, they accept and act on a thin political theory that includes normative principles of legitimate governance. Thirdly, citizens accept the immediate justification of these principles, premised on conceptions of the roles and duties of citizens and of the multi-polar European political order including both their Member State and the
Union. This order must be perceived by citizens as a complex system of co-operation that expresses the inhabitants' equal standing.

We now turn to consider how these three commitments can ensure Union citizens' mutual trust in the co-operation of other citizens and officials regarding the four tasks identified above: of compliance, creating laws, creating institutions, and adjudication. The claim is not that Liberal Contractualism is the sole solution to the problem of trust, but rather to illustrate how stability can be secured by some such thin political theory of the European Union.

Commitment to Principles of Legitimacy

In Contractualism, individuals are assumed to have a highest order interest in acting on principles no one can reasonably reject. For instance, in John Rawls' theory Justice as Fairness, individuals are assumed to have a "Sense of Justice". They are "capable of having (and are assumed to acquire) a sense of justice, a normally effective desire to apply and to act upon the principles of justice, at least to a certain minimum degree" (Rawls 1971, 505).

Such principles, duly worked out for multi-polar polities, serve several roles in accounting for stability. One is to provide critical standards for assessing existing, concrete institutions. These accounts secure some shared bases for compliance, while maintaining the possibility of a critical stance.

To avoid ill-targeted criticism, we should note that to act (up)on principles does not mean to be motivated by abstract principles alone, rather than by a variety of values and other reasons. David Miller criticises the focus on abstract principles characteristic of Constitutional Patriotism. This, he holds, is insufficient: “(T)he national identities that support common citizenship must be thicker than 'constitutional patriotism' implies. If we are attempting to reform national identity so that it becomes accessible to all citizens, we do this not by discarding everything except constitutional principles, but by adapting the inherited culture to make room for minority communities” (Miller 1995, 189).

I submit that acting on principle does not mean to be solely motivated by principles. Instead, such principles guide action and policies, by constraining the set of local culture and legislation that imposes moral duties on us. Principles guide action by ruling out certain policies as unacceptable, requiring others, and often leaving a range of permitted policies.

Note that such principles provide reasons for or against policies, but are not efficient causes (O'Neill 1996, 82). They do not supplant individuals' concrete plans, and such principles do not "give a plan to those that have none" (O'Neill 1989, 84). A commitment to act always consistent with principles does not provide the sole motivation for individuals' actions. It is misconceived to regard such a commitment to principles as a commitment only to abstract principles, rather than also to the
concrete institutions that embody them, and the actual decisions that flow from such procedures.

Another criticism questions whether liberal theories can identify values at the level of abstract principles and ideals that are unique to one's own community (cf. Miller 1995, Tamir 1993). There are no obvious and attractive values accepted only by Europeans yet acceptable as legitimate common grounds (Closa 1998, 425, Baubock 1997). In response, note that [PDG5]the need for trust among citizens does not require that the shared values are unique to the participants. General compliance among one group does not require that others be excluded.

The principles - and indeed the political theory - need not be unique to Europeans. The role of shared commitments is to ensure stability in the sense of compliance with existing institutions, and appropriate adjustment of institutions and constitutions. The fact that other just institutions exist elsewhere, or that they might be somewhat more just does not by itself generate a duty on our part to abide by them, because they do not exist among us and apply to us.

Commitment to existing Legitimate Institutions

Several authors register the hope that a civic demos must be possible, based on a commitment to a common constitutional order specifying procedures for reaching politically binding decisions. Ethnically or culturally based 'belongingness' worries. Instead, a commitment to such more abstract principles expressing respect must suffice [PDG6][PDG7](Ackerman 1980, 69ff.; Preuss 1996, 275; MacCormick 1996, 150; MacCormick 1997, 341; Habermas 98)

How, then, does a commitment to existing practices and institutions enter? The commitment to principles of legitimacy will express itself in other ways, perhaps primarily by hesitating to accept illegitimate laws as morally binding, and instead work for their improvement. Individuals are bound to existing institutions in other ways. The Contractualist motivational assumption stems, I submit, not from principles of legitimacy but by what John Rawls calls individuals' Natural Duty of Justice.
This duty:
“… requires us to support and to comply with just institutions that exist and apply to us. It also constrains us to further just arrangements not yet established, at least when this can be done without too much cost to ourselves” (Rawls 1971, 115).
T. M. Scanlon defends a similar Principle of Established Practices, for circumstances when there is a need for some principle to govern a particular kind of activity, but there are a number of different nonrejectable principles that would do this. If one of these principles is widely accepted in a community it is wrong to violate it simply for matters of convenience (Scanlon 1988, 339. Becker's notion of 'conscientiousness' (Becker 1996, 56) appears to address the same concern). I shall
suggest that it is this duty that accounts for individuals' political allegiance towards their own laws and institutions, discussed further below.

A complete justification of an existing and just set of institutions, or for a proposed institutional change, may refer to principles of legitimacy, their immediate premises, as well as elements of our shared history and our existing practices[PDG8]. When we argue for compliance with or change of the existing institutions and culture we must do three things. 1) We must show that these institutions satisfy the relevant principles of justice. 2) We must support the empirical claim that this particular set of institutions does in fact exist in our society. These rules are publicly known and generally complied with. 3) We must show that compliance with some such set of cultural rules and institutions is necessary for stability - maintenance of institutions over time.

When an institutional change is proposed, we must also include a fourth task. 4) We must show that some such change is required for the sake of important interests of citizens, given the conception of citizens and the political order. The suggested change respects legitimate expectations as far as can be reasonably expected (against a backdrop of alternative institutional changes, grandfather clauses etc.) Thus a thoroughgoing justification of our institutions over other just ones must refer in part to our shared history, the general acceptance of these rules etc. Clarification about the actually shared values and practices of European states may thus serve important and legitimate purposes as part of task 2. I take Jean-Marc Ferry to be making this point when holding that a political community in Europe can draw on universal elements embedded in national political constitutions and international law (Ferry 1992).

On this account, a thoroughgoing justification of the binding force of our institutions on us, over other just ones contains, in part, appeals to our shared history, the general acceptance of these rules etc. Thus we may agree with Miller about the importance of "the historical identity of the community" (Miller 1995, 163). A benefit of the account I have sketched is that these contractualist theories can accommodate and justify special duties and the value of community, based on an ideal of the individual as deeply embedded in social relations -- while maintaining a critical perspective.

It may appear that this account gives undue significance to morally arbitrary specific cultural practices that happen to be maintained in a society. In response, I agree to the factual point. This account recognises the moral significance of existing, legitimate social practices, institutions, and a shared history. However, the Natural Duty of Justice only applies to legitimate local institutions, namely those that satisfy the appropriate principles of legitimacy. Individuals are not bound by this duty to illegitimate practices. The commitment to existing practices requires a broad range of knowledge about the central, legitimate expectations of citizens affected by the common institutions (cf. Gunsteren 1988, 736). All citizens should have knowledge of the main cultures that have adherents in the political community, so as to ensure that changes respect (though not necessarily abide by) the important expectations of such groups. But such knowledge does not require acquiescence in the permanent maintenance of such cultural practices and institutions.

This commitment to existing institutions also helps deflect criticism against Contractualism as excessively abstract, that citizens need only be committed to abstract principles. The institutions and the political culture are important. The content of the Contractualist commitment is not to abstract principles, but also the institutions properly enacted, specified in a constitution, and their results, namely concrete laws and political practices[3].

For illustration, compare this view with David Miller's, who has recently argued that a conception of nationality built on a "shared public culture" is required to secure stability (Miller 1995)[PDG9]. It is not clear that stable compliance requires a shared, broad basis of fundamental beliefs and commitments of the kind
typically referred to as a national identity, that "depends upon a pre-reflective sense that one belongs within a certain historic group" (Miller 1995, 143). While such a basis may suffice for trust, it is unclear that such a basis is required (cf. Follesdal 2000). An important issue is precisely what needs to be shared in order to secure continual support and trust in future compliance. The Contractualist position laid out here does not deny the need for support for a common culture. The question is
rather which elements of broadly shared values and practices are acceptable, and what reasons are provided for maintaining some traditions. Insofar as these traditions are factors shaping individuals' legitimate expectations and values, these practices and institutions are for this reason worthy of respect and prima facie protection.

One might argue that it is only a common commitment to actual institutions that is required, and not a commitment to principles. Thus Andrew Mason holds that "liberal regimes can be sustained by a sense of belonging to them" (Mason 1999, 279). This commitment to the actual institutions does not extend to the individuals participating in them, or to the principles or to the national identity. This may seem close to the "impersonal reciprocity" mentioned above.

In response, three remarks. Firstly, disagreement about the content and boundaries of various rules and practices still has to be adjudicated -- particularly so in the European Union, where further clarification about the competences of Community institutions will be addressed at the next intergovernmental conference. The interpretation of practices is seldom uncontested, particularly over time. Such interpretations will partly be made and assessed by appeal to the 'spirit of the laws', to more general principles, or some other standards. So even on their own terms, such accounts would include some role for shared values or ideals.

Secondly, what seems necessary for trustworthiness is both a sense of duty to comply[PDG10] with the institutions, and that this is public knowledge. Others can not be relied on to comply in the long-term future if the sole reason for compliance is an unreflective acceptance of existing norms of appropriateness, or a stalemate between factions not yet powerful to overrule the others. Rather, each person will trust others to comply if she can be certain that others also willingly comply when
this commitment to (conditional) compliance is common knowledge. Such trustworthiness seems to require shared premises that justify compliance with the institutions.

Thirdly, general compliance with institutions does not remove mistrust among legislators when new rules and institutions are to be created. Trustworthiness in such situations can be fostered by way of publicly accessible premises for adjusting and creating these new practices. For instance, more is needed to be trustworthy than claims that one promises to hold on to electoral procedures and such concerning the political procedures. These elements themselves need to be justified. And during
times of institutional change, the individuals must be reasonably certain that others will work to establish institutions according to their conception of the common
good, rather than exclusively in light of their own self interest.

Commitment to Conception of Individuals and the European Political Order

The common grounds needed for stability include the commitment to existing institutions, and to shared principles of legitimacy. Moreover, citizens must also share the immediate grounds for principles, for instance as in the Contractualist case, ideal conceptions of the ends of the political unity, and some conception of the proper relationship between individuals and the political order. Such a conception would play the role of Rawls' well-known conception of society as a system of
co-operation among individuals regarded for such purposes as free and equal participants -- though that particular conception may be insufficient and/or inappropriate for the European Union. The Union is a non-unitary political order with Member States and Community institutions splitting and sharing sovereignty. The appropriate political theory for such an order may be legitimately different that that of traditional political philosophy addressing the legitimacy of the unitary, sovereign nation-state (such as Rawls 1993, xxii). Some indication of the proper allocation of competences between sub-units and centre, for instance, should be provided.

Why is this kind of commitment necessary? The reason is that a consensus on principles of legitimacy and institutionalised procedures seems insufficient to convince others of one's trustworthiness regarding future compliance with these procedures. Others' present compliance does not by itself give us reason to trust that they will continue to respect democratic procedures -- we also need assurance that they regard themselves as having reasons to continue to comply in the future. Moreover, the trust needed in the European Union now also concerns the creation of institutions, and their interpretations by courts. In order to secure compliance over the long
term such changes and interpretations must be accepted as legitimate expressions of equal respect among citizens of different Member States, rather than by expediency or arbitrary consensus alone. The changes and interpretations must be guided, and it would seem that the present content of a constitution would provide too little in the way of guidance (cf. Rawls 1993, 165). Some justification is required, where a common commitment to the principles of an existing constitution must be supplemented by some further ideals, principles or the like -- avoiding substantive premises that are reasonably contested. Disagreements about the proper division of competences between Member States and the Community institutions, for instance, may diminish support and compliance by citizens and government officials. Politicians will suspect civil servants sent to Brussels of harbouring inappropriately supranational loyalties, due to loyalty shifts by the civil servants (Trondal
and Veggeland 2000). On the other hand, shared conceptions of the roles of Member States and the Community, e.g. in the form of a suitably specified Principle of Subsidiarity, can serve to bolster trustworthiness and reduce such mistrust (Follesdal 1998)

To illustrate, consider Kurt Baier's notion of Constitutional Consensus (Baier 1989). Baier holds that commitment to certain institutions should suffice for stability - what he calls a "Constitutional consensus". All that is needed is consensus "on the procedures for making and interpreting law and, where that agreement is insufficiently deep to end disagreement, on the selection of persons whose adjudication is accepted as authoritative" (Baier 1989, 775). I take it that this basis is close to that of Jürgen Habermas' "Constitutional Patriotism": “The constitutional rights and principles form the fixed point of reference for any constitutional patriotism that situates the system of rights within the historical context of a legal community. … the citizenry as a whole can no longer be held together by a substantive consensus on values but only by a consensus on the procedures for the legitimate enactment of laws and legitimate exercise of power”. (Habermas 1998, 225) It is unclear how this basis can provide the mutual trust necessary for constitutional changes, or for institutional development and application on the bases of political judgement. Competing conceptions of the appropriate procedures, and about the ends of the polity threaten the long-term stability of co-operation and the ability to
make credible commitments -- witness the debates in the wake of statements by Joschka Fischer and Jacque Chirac ( 2001).

Habermas holds that the "democratic process itself can provide the necessary guarantees for the social integration of an increasingly differentiatied society" (Habermas 1997, 133). However, this is not obvious. Even though others may currently accept the democratic process, their reasons for accepting may disappear for instance if they gain power. Hence, trustworthiness would seem to require at least knowledge about the reasons others have for accepting these procedures. A
second reason why current agreement about procedures is insufficient is that a disagreement about their justification threatens the possibility of agreeing to change the procedures. For instance, Habermas' arguments regarding the criteria for an ideal speech situation are contested, both on account of the premises and the argumentative steps (cf. Olafson 1990, Heath 1995, Larmore 1996, 205-21).

One might agree to the need for democratic procedures, and there may be a happy consensus on the actual procedures. But such consensus may easily fall apart when it comes time to change the procedures. When such procedural changes are required, trust in the process is greatly facilitated when parties can bolster their trustworthiness by appealing to some common ground, e.g. in the form of a thin conception of the Union Citizen and the appropriate division of labour between
Community and Member States.

Against this third commitment, it may be objected that there is at present no agreement on ideals and political theory, even of this anaemic kind. Andrew Mason concludes from this fact that shared reasons - for instance in the form of principles of equality or justice - seem unnecessary, since different conceptions of these principles do not hinder compliance. Citizens may value the same institutions, but not share the principles because there are contested conceptions of the ideals of
equality, justice or freedom (Mason 1999, 281).

Mason seems to be right in that present compliance does not require common principles. However, the issue of trust concerns expectations of others' future behaviour. Now, such trustworthiness may be secured by public presentation of each person's or group's reasons, showing that each, from their own normative grounds, has sufficient reason to comply and act on appropriate reasons, at least as long as the compliance of others is expected.

However, we must recall that the need is not only for compliance with existing institutions. Individuals also need assurance that others have reason to comply and use their political power as voters and politicians to further the just arrangements, and vote for laws sometimes out of consideration for the common good rather than unbridled self interest. These various accounts must be quite elaborate and detailed, to avoid fears of non-compliance that fosters mistrust and instability.
Alternatively, individuals may share reasons or ideals, which may make it easier to appear trustworthy. Such strategies cannot be dismissed by pointing to present disagreement about conceptions of equality, justice, etc. Such disagreements merely indicates that future compliance is not secure - and thus that individuals are unable to appear trustworthy, and hence that the current order is not stable.

In response, I submit that these possible discrepancies between institutions and normative political theory are not necessarily a weakness of the theory. They may equally well be weaknesses of the institutions, highlighted by a normative theory of this kind giving content to the vague appeals to 'the European Common Weal', a European Soul' and the like. That talk of citizenship may increase conflicts, and not only induce support, should come as no surprise: governments have often
discovered that citizenship rights have "the potential for exacerbating, as well as diminishing the conflict of classes" (Goodin 1988). And introducing citizenship rights for citizens of Member States immediately highlights the plight of permanently resident non-nationals. The introduction of Union Citizenship introduces fundamental inconsistencies in current citizenship practice both within many states and within the European Union as a whole (Baubock 1994, 220; Meehan 1993, Follesdal
1999). Indeed, the present institutional arrangements of the European Union conflict with central norms of legitimate governance as hitherto secured in Europe, such as accountability and transparency, equal respect, and a set of social institutions that secure fair shares of economic and social benefits. The lack of transparency and accountability of bodies with political authority in the European Union seem incompatible with any plausible interpretation of a commitment to equal respect for all. Insofar as these assessments are correct, loyalty to these institutions should not be forthcoming, as they fail to satisfy principles of legitimacy. However, the Duty of Justice introduced above would require of all that they work to establish such fair institutions.


A broad range of liberal views hold that Union Citizenship should draw on and foster only a very limited set of shared aims, far less than that historically aimed for in European nation states. The present reflections have focussed on the role of some notion of Citizenship in securing trustworthiness, stable compliance and willing support among Europeans for the institutions and practices - since such perceived needs seem to have fuelled the call for Union citizenship.

A limited normative basis is regarded as possible partly because Contractualism and some other theories postulate a different motivation for individuals' compliance than 'sentiments of affinity', namely a sense of justice. A central question to this account is whether this inherently 'abstract' motivation and the abstract sense of solidarity which is based on universalistic principles of social justice can motivate, and be sustained over time (Preuss 1995b, 275). Any citizenship, and any shared identity, may be thought to require empathy generated by appeals to such shared characteristics. However, even existing nation states are usually too large to foster empathy and sympathetic concern for the weal of all others (Calhoun 1996, 3). And still they seem to enjoy sufficient support from citizens -- at least for the time being.

Alternative justifications of equal respect and full citizenship -- as well as welfare rights -- are required also within existing polities (Goodin 1988, 78). The contractualist account assumes a more 'impersonal' motivation: the interest in doing our moral duty. This account is based on individuals' sense of justice and mutuality, expressing respect for others, rather than a sense of community or 'thick' identity, or empathy.

Liberal Contractualism, as several other theories, assumes that institutions can socialise individuals into a "sense of justice". Individuals can come to see themselves as free and equal participants in a joint European scheme of co-operation that requires the compliance of a large proportion of the population.

This commitment is not only to some very general principles of justice, or to abstract constitutional principles. Acting on a sense of justice entails interacting in our day-to-day lives with other individuals in accordance with the legitimate expectations they have about our behaviour, honouring their trust in our responses. The sense of justice includes a commitment to honour the legitimate expectations of other citizens, with a shared conception of justice and the appropriate relations
between individuals and the European multi-polar polity uniting them. The account of justification sketched above accepts an account of the practices one is embedded in as a part of, but only one part of, a full justification of the institutions. Yet Union Citizens need not share a full conception of the common good, nor a sense of common end in the sense of a Manifest Destiny (O'Sullivan 1845) of geographical or political annexation of Europe.

I have explored the role of citizenship in securing trustworthiness and mutual trust among the population and among representatives in the governing bodies of the Union. I have suggested that a commitment to institutions and even to constitutional norms is insufficient to ensure stability: what is needed is also fragments of the immediate grounds for such principles. A shared conception of the proper role of individuals, member states and the Union may provide such common grounds -- to
the extent that it is needed to ensure trust and stability.

The introduction of Union citizenship created aspirations and shortfalls between the required commitments to common ends necessary among citizens, and the actual level of shared commitments. Discrepancies between present Union institutions and the normative theories of legitimacy exist, but these conflicts cannot be resolved by dismissing any attempt at bringing normative political theory to bear - particularly not when the call for Union Citizenship seeks to exploit the resonance with received accounts of legitimate government. Union Citizenship commits the political order to principles and conceptions for legitimate governance, apparently in blithe
ignorance of whether the requisite resources are available for building such institutions. If these conditions are found and secured in the European Union, Union citizenship can serve as a beast of burden to facilitate mutual trust among the citizens of Europe.


Ackerman, Bruce. 1980. Social Justice in the Liberal State. New Haven: Yale University Press.
Baier, Kurt. 1989. "Justice and the Aims of Political Philosophy." Ethics 99: 771-90.
Barry, Brian. 1989. Theories of Justice. A Treatise on Social Justice, 1. Berkeley: University of California Press.
———. 1991. "Is Democracy Special?" Democracy and Power, 24-60. Oxford: Oxford University Press.
Baubock, Rainer. 1994. "Changing the Boundaries of Citizenship." From Aliens to Citizens. Rainer Baubock, editor, 201-32. Avebury: Aldershot.
———. 1997. "Citizenship and National Identities in the European Union." Harvard Jean Monnet Chair Working Papers , 4.
Becker, Lawrence C. 1996. "Trust As Noncognitive Security About Motives." Ethics 107: 43-61.
Calhoun, Craig. 1996. "Identity Politics and the Post-Communist Societies." Identity Formation, Citizenship and Statebuilding in the Former Communist
Countries of Eastern Europe, 1-16. ARENA Working Paper No. 20/96.
Checkel, Jeffrey. 1999. "Social Construction and Integration ." Journal of European Public Policy 6, 4: 545-60.
------. 2001. "A Constructivist Research Program in EU Studies." European Union Politics. 2 (2): forthcoming.
Closa, Carlos. 1992. "The Concept of Citizenship in the Treaty on European Union." Common Market Law Review 29: 1137-69.
———. 1998. "Supranational Citizenship and Democracy: Normative and Empirical Dimensions." European Citizenship: an Institutional Challenge. M. La
Torre, editor, 415-33. Netherlands: Kluwer Law.
Coleman, James. 1990. Foundations of Social Theory. Cambridge: Harvard University Press.
De Greiff, Pablo. 2001. "Habermas on Nationalism and Cosmopolitanism." Ratio Juris forthcoming.
Deutsch, Karl, S. A. Burrell, R. A. Kann, M. Jr. Lee, M. Lichtermann, F. L. Loewenheim, and R. W. Van Wagenen. 1957. Political Community and the North
Atlantic Area. Princeton, NJ: Princeton University Press.
Dworkin, Ronald. 1978. "Liberalism." Public and Private Morality. Stuart Hampshire, editor, 113-43. Cambridge: Cambridge University Press.
Egeberg, Morten. 1999. "Transcending Intergovernmentalism? Identity and Role Perceptions of National Officials in EU Decision-Making." Journal of European
Public Policy 6, 456-474.
Egeberg, Morten, and Jarle Trondal. 1999. "Differentiated Integration in Europe: the Case of the EEA Country Norway." Journal of Common Market Studies 37:
Femia, Joseph. 1996. "Complexity and Deliberative Democracy." Inquiry 39, 3-4: 359-97.
Ferry, Jean-Marc. 1992. "Identite Et Citoyennete Europeenne." L'Europe Au Soir Du Siecle. Identite Et Democratie. Paris: Editions Sprit.
Follesdal, Andreas. 1998. "Subsidiarity." Journal of Political Philosophy 6, 2: 231-59.
———. 1999. "Third Country Nationals As Euro-Citizens - the Case Defended ." Whose Europe? The Turn Towards Democracy. Dennis Smith and Sue
Wright, editors, 104-22. 18 . London: Blackwell.
———. 2000. "The Future Soul of Europe: Nationalism or Just Patriotism? On David Miller's Defence of Nationality ." Journal of Peace Research 37, 4: 503-18.
Fuchs, D., and H-D. Klingemann. 1999. "National Community, Political Culture and Support for Democracy in Central and Eastern Europe." Background paper for
table 4 in The Long-Term Implications of EU Enlargement: the Nature of the New Border. Guiliano Amato and Judy Batt, editors. San Domenico di Fiesole:
European University Institute.
Giddens, Anthony. 1995. Beyond Left and Right: the Future of Radical Politics. Stanford: Stanford University Press.
Goodin, Robert E. 1988. Reasons for Welfare: the Political Theory of the Welfare State. Princeton: Princeton University Press.
Grimm, Dieter. 1995. "Does Europe Need a Constitution?" European Law Journal 1, 3: 282-302.
Gunsteren, Herman van. 1988. "Admission to Citizenship." Ethics: 731-41.
Habermas, Jürgen. 1990. "Historical Consciousness and Post-Traditional Identity." The New Conservatism: Cultural Criticism and the Historians' Debate.
Jurgen Habermas, editor. Cambridge: MIT.
———. 1992. "Citizenship and National Identity: Some Reflections on the Future of Europe." Praxis International 12, 1: 1-19.
———. 1996 [1992]. Between Facts and Norms. Original Faktizität und Geltung. William Rehg, trans. Cambridge, Mass.: MIT Press.
———. 1998 [1995]. "Does Europe Need a Constitution? Remarks on Dieter Grimm ." The Inclusion of the Other: Studies in Political Theory. First printed
as Remarks on Dieter Grimm's 'Does Europe need a Constitution?' European Law Journal 1995 (1) 303-7. Cambridge, Mass.: MIT Press.
——— [1998]. The Inclusion of the Other: Studies in Political Theory. Pablo de Greiff and Ciaran Cronin, eds. Cambridge, Mass.: MIT Press.
———. 1998 [1993]. "Struggles for Recognition in the Democratic Constitutional State." The Inclusion of the Other: Studies in Political Theory. First in
European Journal of Philosophy 1 (2): 128-155. 203-36. Cambridge, Mass.: MIT Press.
Hardin, Russell. 1996. "Trustworthiness." Ethics 107: 26-42.
Heath, Joseph. 1995. "Review Essay: Habermas and Speech-Act Theory." Philosophy and Social Criticism 21, 4: 141-7.
Herman, Barbara. 1997. "A Cosmopolitan Kingdom of Ends." Reclaiming the History of Ethics: Essays for John Rawls. Andrews Reath, Barbara Herman and
Christine M. Korsgaard, editors, 187-213. Cambridge: Cambridge University Press.
Hume, David. 1960 [1739]. A Treatise of Human Nature. L. A. Selby-Bigge and P. H. Nidditch, editors. Oxford: Clarendon.
Inglehart, R. 1970. "Cognitive Mobilisation and European Identity." Comparative Politics 3, 1: 45-70.
Joerges, Christian, Yves Mény, and J. H. H. Weiler, eds. 2000. "What Kind of Constitution for What Kind of Polity? Responses to Joschka Fischer.". Badia
Fiesolana: European University Institute,
Kant, Immanuel. 1980 [1785]. Grounding for the Metaphysics of Morals. Grundlegung zur metaphysik der Sitten. James E. Ellington, ed. Indianapolis: Hackett
Publishing Company.
Kostakopoulou, Dora. 1996. "Towards a Theory of Constructive Citizenship in Europe." Journal of Political Philosophy 4, 4: 337-58.
Kydd, Andrew. 2000. "Trust, Reassurance, and Cooperation." International Organization 54, 2: 325-58.
Kymlicka, Will, and Wayne Norman. 1994. "Return of the Citizen: A Survey of Recent Work on Citizenship Theory." Ethics 104: 352-81.
Laffan, Brigid. 1996. "The Politics of Identity and Political Order in Europe." Journal of Common Market Studies 34, 1: 81-102.
Larmore, Charles E. 1996. The Morals of Modernity. Cambridge: Cambridge University Press.
Lehning, Percy. 1997. "European Citizenship: a Mirage?" Citizenship, Democracy and Justice in the New Europe. Percy Lehning and Albert Weale, editors,
175-99. London: Routledge.
———. 1998. "European Citizenship: Between Facts and Norms." Constellations 4, 3: 346-67.
------, and Albert Weale, eds. 1997. Citizenship, Democracy and Justice in the New Europe. London: Routledge.
Lijphart, Arend. 1977. Democracy in Plural Societies: a Comparative Exploration. New Haven, Conn: Yale University Press.
Loury, Glen. 1987. "Why Should We Care About Group Inequality?" Social Philosophy and Policy 5: 249-71.
MacCormick, Neil. 1996. "Liberalism, Nationalism, and the Post-Sovereign State." Political Studies 44: 553-67.
———. 1997. "Democracy, Subsidiarity, and Citizenship in the 'European Commonwealth"." Law and Philosophy 16, 4: 331-56.
Macedo, Stephen. 1990. Liberal Virtues: Citizenship, Virtue, and Community in Liberal Constitutionalism. Oxford: Clarendon Press.
March, James G., and Johan P. Olsen. 1989. Rediscovering Institutions: the Organizational Basis of Politics. New York: Free Press.
March, James G., and Herbert A. Simon. 1993 [1958]. Organizations. 2nd ed. London: Blackwell.
Mason, Andrew. 1999. "Political Community, Liberal-Nationalism, and the Ethics of Assimilation." Ethics: 261-86.
Meehan, Elizabeth. 1993. Citizenship and the European Community. London: Sage.
Mill, John Stuart. 1958 [1861]. Considerations on Representative Government. New York: Liberal Arts Press.
———. 1969 [1873]. Autobiography. Jack Stillinger, ed. Boston: Houghton Mifflin.
———. 1970 [1869]. The Subjection of Women. Wendell Robert Carr, editor. Cambridge: MIT Press.
Miller, David. 1995. On Nationality. Oxford: Oxford University Press.
Neyer, Jürgen. 1999. "The Comitology Challenge to Analytical Integration Theory." EU Committees: Social Regulation, Law and Politics. Christian Joerges and
Ellen Vos, editors, 219-38. Oxford: Hart.
Niedermayer, Oskar. 1995. "Trust and Sense of Community." Public Opinion and Internationalized Governance. Oskar Niedermayer and Richard Sinnot,
editors, 227-45. Oxford: Oxford University Press.
O'Neill, Onora. 1989. Constructions of Reason. Cambridge: Cambridge University Press.
———. 1996. Towards Justice and Virtue: A Constructive Account of Practical Reasoning. Cambridge: Cambridge University Press.
O'Sullivan, John. 1845. United States Magazine and Democratic Review .
Olafson, Frederick A. 1990. "Habermas As a Philosopher." Ethics 100: 641-57.
Olsen, Johan P. 2000. "How, Then, Does One Get There?" What Kind of Constitution for What Kind of Polity? Responses to Joschka Fischer. Christian
Joerges, Yves Mény and J. H. H. Weiler, editors, 163-80. Badia Fiesolana: European University Institute,
Preuss, Ulrich K. 1995. "Problems of a Concept of European Citizenship." European Law Journal 1, 3: 267-81.
------. 1996. "Two Challenges to European Citizenship." Constitutionalism in Transformation: European and Theoretical Perspectives. Richard Bellamy and
Dario Castiglione, editors. Oxford: Blackwell.
Prodi, Romano. 1999. "Speech to European Parliament April 13." .
Przeworski, Adam. 1998. "Deliberation and Ideological Domination." Deliberative Democracy. Jon Elster, editor, 140-160. Cambridge: Cambridge University
Putnam, Robert D. 1993. Making Democracy Work: Civic Traditions in Modern Italy. Princeton: Princeton University Press.
———. 1995. "Tuning in, Tuning Out: The Strange Disappearance of Social Capital in America." Political Science & Politics: 664-83 .
Rawls, John. 1971. A Theory of Justice. Cambridge, Mass.: Harvard University Press.
———. 1993. Political Liberalism. New York: Columbia University Press.
———. 1999. The Law of Peoples. Cambridge, Mass.: Harvard University Press.
Rousseau, Jean-Jacques. 1972 [1772]. The Government of Poland. Willmoore Kendall, Trans. New York: Bobbs-Merrill.
———. 1978 [1762]. On the Social Contract. Roger D. Masters, editor and Judith R. Masters, transl. New York: St. Martin's Press.
———. 1993 [1762]. Emile: a Treatise on Education. P. D. Jimack, ed. New York: Everyman.
Scanlon, Thomas M. 1982. "Contractualism and Utilitarianism." Utilitarianism and Beyond. Amartya K. Sen and Bernard Williams, editors, 103-28. Cambridge:
Cambridge University Press.
———. 1998. What We Owe to Each Other. Cambridge, Mass.: Harvard University Press.
Scharpf, Fritz W. 1997. "Economic Integration, Democracy and the Welfare State." Journal of European Public Policy 4, 1: 18-36.
Shaw, Jo. 1997a. "Citizenship of the Union: Towards Post-National Citizenship?" Harvard Jean Monnet Chair Paper 6/97.
———. 1997b. "European Citizenship: The IGC and Beyond." European Integration Online Papers 1.
Stinchcombe, Arthur L. 1986. "Reason and Rationality." Sociological Theory 4: 151-66.
Streeck, Wolfgang. 1996. "Neo-Voluntarism: a New European Social Policy Regime?" Governance in the European Union. Gary Marks, Fritz W. Scharpf,
Philippe Schmitter and Wolfgang. Streeck, editors, 64-94. London: Sage.
Tamir, Yael. 1993. Liberal Nationalism. Princeton, New Jersey: Princeton University Press.
Taylor, Michael. 1969. "Proof of a Theorem on Majority Rule." Behavioral Science 14: 228-31.
Trondal, Jarle. 2000. "Multiple Institutional Embeddedness in Europe: The Case of Danish, Norwegian, and Swedish Government Officials." Scandinavian
Political Studies 23, 4: 311-41.
------ and Frode Veggeland. 2000. " Access, Voice and Loyalty: The Representation of Domestic Civil Servants in the EU Committees." Oslo: ARENA Working
Paper. 2000/8.
Weiler, J. H. H. 1991. "The Transformation of Europe." Yale Law Review 100: 1-81.
———. 1996. "The Selling of Europe: The Discourse of European Citizenship in the IGC 1996." Harvard Jean Monnet Working Paper 3/96.
Wessels, Wolfgang. 1999. "Comitology As a Research Subject: a New Legitimacy Mix?" EU Committees: Social Regulation, Law and Politics. Christian
Joerges and Ellen Vos, editors, 259-69. Oxford: Hart.
Wiener, Antje. 1997. European Citizenship Practice - Building Institutions of a Non-State. Boulder, CO: Westview Press.
Wiener, Antje, and Vincent Della Sala. 1997. "Constitution-Making and Citizenship Practice - Bridging the Democracy Gap in the EU?" Journal of Common
Market Studies 35, 4: 595-614.

[1] The research for this paper was funded by ARENA – a program of Advanced Research on the Europeanization of the Nation State, under the Research Council of
Norway, and by the EU TSER program (SOE 2973056) on European Citizenship and the Social and Political Integration of the European Union. The paper benefited from
discussions at the Roundtable on “European Citizenship” at the World Congress of Philosophy, Boston 1998. I am extremely grateful for conversations and
correspondance with Stefan Gosepath, Jos de Beus, Carlos Closa, Pablo De Greiff, John Erik Fossum, Neil MacCormic, Johan P. Olsen and Ulf Sverdrup. Their constructive
comments have lead to extensive rewrites.
[2] For some such contributions, cf. Lehning 1997, Lehning 1998.
[3] I believe similar interpretations are possible regarding Jürgen Habermas' claim that Constitutional Patriotism is a sufficient common base. While Liberal Contractualism
differs from Constitutional Patriotism in ways explored below, they share a commitment to the constitutional order Habermas 1996, 500; Habermas 1990, 257), and seek to
minimise the reliance on contested values in response to the challenge of pluralism (Habermas 1998, 225; cf. Habermas 1997, 118 and Habermas 1992, 16). For an
exploration of this account, cf. De Greiff 2000?). I do not deny that alternative interpretations of Habermas seems possible, eg. when he writes that the requisite "identity of
a political community, which may not be touched by immigration, depends primarily upon the constitutional principles rooted in a political culture and not upon an
ethical cultural form of life as a whole." (Habermas 1992, 17, my emphasis).