Right to Citizenship in SeccessionA Case Study of the Scottish Referendum

Outline• Ziegler: voting rights equal citizenship rights• Baubock: different polities mean different rights• How concepts relate to Scottish Referendum• Case study: Slovenia• Case study: Catalonia• Conclusion and Questions

Central Questions

1. Who should vote in an independence referendum?

2. Who should be offered citizenship if referendum results in independence?

3. Who provides legitimacy? Is there innate legitimacy?

Who should vote in the Scottish Referendum?Ziegler: Kick-off Contribution• Stakeholders are those who will be given citizenship• Stakeholders should be allowed to vote• Therefore all prospective citizens of Scotland should be allowed to vote

Who should vote in the Scottish Referendum? Baubock: Regional ctizenship and self-determination• Stakeholders are more than prospective citizens, eg. permanent residents and rUK

citizens• Referendum is carried out as a region not as a prospective country• Allowing prospective citizens to vote preempts independence

Scottish Referendum Voting Rights

Adheres to Ziegler:

• Scottish citizens resident in Scotland can vote

Contrary to Ziegler

• Scottish citizens not resident in Scotland can't vote

Adheres to Baubock:

• Permanent residents of rUK, Commonwealth and EU can vote

Contrary to Baubock:

• 16 and 17 year olds can vote

Scotland’s independence Identifying ‘the people’ and some implications of Kurić v Slovenia"

Kurić v Slovenia• 1990 Independence referendum in Slovenia.

• Internal citizens and permanent residents voted.

• Slovenia became independent.

Kurić v Slovenia

• Internal citizens got the citizenship automatically but not the permanent residents.

• Permanent residents were offered citizenship but they have to apply.

• The Court Decision: • "You keep the right of residence even if the legal status of either your home or your

host state changes"

“What matters is that you had the right at the moment of the change of the territorial status”

European Convention on Human Rights

Scottish referendum: Jure Vidmar • (i) potential future Scottish citizens residing in rUK (the rest of the UK);

• (ii) potential future Scottish citizens residing in other EU member states;

• (iii) UK citizens residing in Scotland who will not opt for Scottish citizenship;

• (iv) non-UK EU citizens residing in Scotland who will not qualify or opt for Scottish citizenship.

Scottish referendum: Jure Vidmar

All the categories of people retain their present residence rights as an effect of the ECHR and regardless of what happens with Scotland’s EU membership.

Scottish referendum: Jure Vidmar • Referendum also had meaningful effects on the citizenship rights due to uncertainty

surrounding Scotland’s EU membership.

• So, if Scotland became independent and remained outside of the EU, Scottish citizens in Europe would only be able to continue their residence. But would no longer be entitled to exercise EU free movement rights.

Case of Catalonia Referendum

Catalonia Referendum Voting RightsWho is able to vote according to the Catalan

Government?

• Persons who are at least 16 years old as of 9 November 2014 and meets these criteria:

• “Spanish citizens whose national identity card states they are residents in Catalonia;

• Spanish citizens who live out of Spain and are registered as ‘Catalans abroad’ or ‘Spaniards abroad’ linked to a Catalan municipality;

• all non-Spanish citizens who can prove they are residents in Catalonia”

Who would have right to citizenship if Catalonia secedes?

• “The State is for Everyone”• “Anyone that wishes to live work

and has the will to be Catalan”

Who should vote in the Catalonia Referendum?

Jaume Lopez

• The Spanish Constitution prohibits the holding of regional referendums.• Political Consultations given as an

alternative.• The vote belongs to the Catalan

Demos, regional citizens• Fundamentally mistaken due to

age voting age limit of 16

Montserrat Guibernau

• Is this a legally binding referendum on independence?• All Catalans and Spanish citizens

who are legally resident in the municipalities of Catalonia should be offered citizenship• Focuses on the ‘will’ of the

individual to belong to that nation

November 9 Symbolic Vote

Outcome

• 2 million Catalonians casted votes in the participative voting process• Provisional results show 80% are in

favor of independence• 10 % voted Yes to the first

question, and no to the second• Only 4.5% have voted No

What's next?

• Grassroots Movement • Pressure the central government

for more tax and political autonomy• Appeal the Constitutional Court's

decision • "We have earned the right to a

referendum" President Artur Mas

Similarities and Differences• Similar voting rights: citizens (born in the region) and permanent residency• Prospective Citizenship differs:• Catalan: inclusive - anyone who has the will• Slovenia: Give residents opportunity to become citizens• Scotland: exclusive - citizens born in the region

• Legitimacy differs:• Slovenia: Yugoslavia dissolving, legitimacy automatic/self-determined• UK: Central government gives self-determination rights• Catalan: Central government denies self-determination rights

Concluding Questions

Does Vidmar (Slovenia) Lopez and Gibernau (Catalonia) adhere more to Ziegler or Baubock?

Does granting a different population voting or political rights have an implication on their rights as civil or social citizens?

Who should give legitimacy to the outcomes of the referenda? The original state (eg. Spain or English Parliament)? The locality (eg. Catalonia or Slovenia?)

Who should decide who decides?