Section: Working Papers

2010

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2010/14

Lineages of Citizenship in Montenegro

 Jelena Dzankic

Abstract
This paper explores the evolution of citizenship policies in Montenegro. It employs Richard Bellamy’s concept of the lineages of citizenship, which analyses the normative aspects of citizenship by looking at interactions between ‘state and society within a given national political community’. In unveiling the processes and the context that shaped the Montenegrin citizenship policies at different times, the paper examines the active relationship between three major aspects of citizenship: legal, political and identity/emotional. Following a historical overview of the development of citizenship policies, this paper focuses on the recent political circumstances that have shaped the normative aspects of citizenship. As such, it also triggers questions about what layer of identity the citizenship legislation in fact encapsulates. The final part of the paper examines the multivalence of citizenship in the context of Europeanisation. Transiting ‘the European route’ has, in fact, recalibrated the relationship between the legal, political and emotional/identity aspects of citizenship in Montenegro.

Keywords
Montenegro, citizenship, identity, politics, lineages, multivalence, Yugoslavia, Roma, Europeanisation

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2010/13

Citizenship in an emigrant nation-state: the case of Albania

 Gezim Krasniqi

Abstract
This paper explores the emergence and transformation of citizenship in Albania since the country’s independence in 1912, with a particular focus on the developments in the aftermath of the fall of communism in 1991. It argues that only after the fall of communism, which was followed by massive waves of emigration, and the subsequent liberalisation and democratisation of the Albanian state did citizenship in its modern and liberal sense slowly start to enter the political agenda in Albania. The paper also provides a detailed account of the current citizenship legislation in Albania, which reflects the country’s attempts to democratise and achieve EU membership.

Keywords
Albania, citizenship, migration, democratisation, Europeanisation

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2010/12

Citizenship and Belonging: Literary Themes and Variations from Yugoslavia

 Andrew Wachtel

Abstract
Works of literature can be effective tools for understanding the ways in which individuals understand different concepts of citizenship. Focusing on the territories of the former Yugoslavia, this paper examines attitudes to citizenship and national belonging in works from the 19th and 20th centuries - The Mountain Wreath (Gorski Vijenac) of Petar Petrovic Njegos, The Death of Smail-Aga Cengic (Smrt Smail-Age Cengica) by Ivan Mazuranic, The Bridge on the Drina (Na Drini cuprija) by Ivo Andric and The Fortress (Tvrdjava) by Mesa Selimovic - to describe a picture of citizenship “from the inside out”—that is, as experienced by and affecting the lives and thoughts of characters within these literary works. The analysis reveals a dynamic relationship between changing ideas of citizenship and the attitudes of characters, and shows that authors use the depiction of various attitudes to citizenship to explicate their own views on the proper relationship of the individual to the state.

Keywords
citizenship, literature, identity, Ivo Andric, Mesa Selimovic, Bosnia, Yugoslavia, Balkans

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2010/11

In Search of a Demos: Transformations of Citizenship and Belonging in the Republic of Macedonia

 Ljubica Spaskovska

Abstract
The paper explores the transformations of citizenship regimes and belonging in the Republic of Macedonia within the framework of five consecutive and at times overlapping phases: the (zero) socialist phase; the consolidation phase; the contestation phase; the intervention phase and the stabilisation phase. It argues that they were/are accompanied by a corresponding specific type of citizenship: supranational; abortive ethno-national; ethnizenship and new supranational (European) citizenship. Through analysis of context-specific and regional developments, the paper explores the phenomena of politicisation of citizenship, minority rights, diaspora and Europeanisation in addition to providing an insight into the different citizenship regimes Macedonia has gone through and the implications of their transformations and amendments at different points in time.

Keywords
citizenship; contestation; ethno-national; Europeanisation; Macedonia; Yugoslavia.

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2010/10

Citizenship as a tool of state-building in Kosovo: status, rights, and identity in the new state

 Gezim Krasniqi

Abstract
This paper examines the emergence of an autonomous citizenship regime in Kosovo, with a particular focus on citizenship as a tool of state-building. It argues that in the case of Kosovo citizenship is meant to serve as a link between a war-torn community of people and a new polity based on principles of equality and all inclusiveness, or, as a tool of political integration within the new political entity, which aims at replacing divisions of ethnicity, religion or social status. In addition, it looks at the impact of the tension between the ethno-cultural and political aspects of nationhood in the ongoing state-building process in Kosovo, as well as the stateness problem and contested statehood on citizenship policies.

Keywords
citizenship, Kosovo, de-ethnicisation, stateness, Europeanisation

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2010/09

A Citizenship Beyond the Nation-State: Dilemmas of the ‘Europeanisation’ of Bosnia and Herzegovina

 Eldar Sarajlic

Abstract
The paper deals with the tension between the predominant ideas of citizenship in Bosnia and Herzegovina and those imposed upon the country by the EU integration dynamic. It tries to argue that the tension between citizenship as a concept moulded within the historical and conceptual parameters of the European nation-state and the complex sociopolitical reality of Bosnia and Herzegovina that clearly diverges from the nation-state model creates frictions and erodes the democratization process. The paper offers an analysis of citizenship legislation in Bosnia ad Herzegovina and a variety of historical, political and social determinants that have shaped the existing citizenship regime in the country. By doing this, it aims to examine the character of citizenship in contemporary Bosnia and Herzegovina, to question the social and political underpinnings of its historical development, to assess the possibility for the establishment of a liberal democratic citizenship framework and to chart a way for explaining new developments, driven by European integration processes.

Keywords
citizenship, Bosnia and Herzegovina, nation-state, ethnicity, Europeanisation

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2010/08

Serbia: Elusive Citizenship in an Elusive Nation-State

 Nenad Rava

Abstract
This paper focuses on the current citizenship regime in Serbia, with an emphasis on the problematic nexus between citizenship, nation-formation, and state-building. Starting with an overview of main historical developments (with special attention placed on the controversial 1996 Law on Citizenship of the Federal Republic of Yugoslavia), the study moves toward a thorough analysis of the current citizenship regime. Of particular significance is the return to an ethnic framework in the 2006 Serbian Constitution and the current Serbian Law on Citizenship, and the implications this may have for Serbia’s relationships with its neighbours, especially in those states with a considerable Serb minority. At the end, the report sheds more light on current debates regarding an ethnocentric definition of citizenship, dual citizenship, Kosovo residents, and refugees.

Keywords
Serbia, citizenship, Western Balkans, Yugoslavia, Kosovo

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2010/07

The constitutional mosaic across the boundaries of the European Union: citizenship regimes in the new states of South Eastern Europe

 Jo Shaw

Abstract
This paper begins by examining the relationship between citizenship of the European Union and national citizenship, and in particular the significance of EU law for the regulation of the acquisition and loss of citizenship in EU Member States, as part of a wider enquiry into how the citizenship regimes of the seven 'successor states' of the former Yugoslavia can be located within a 'constitutional mosaic' of overlapping and sometimes competing legal norms. It identifies six primary instruments whereby non-state sources of law impact upon the citizenship regimes of these states: compliance with international human rights norms; EU conditionality; direct intervention by international organisations; direct supervision by international organisations; other forms of international pressure; and overlapping citizenship regimes between the successor states. As part of a wider task of shifting attention onto the citizenship regimes of these states in the context of processes of Europeanisation as well as polity-building at the state and regional level, the paper concludes that polity-building and the processes of constructing citizenship regimes will remain closely intertwined for the foreseeable future.

Keywords
Yugoslavia, citizenship, Western Balkans, constitutionalism, European Union, law

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2010/06

The Bosnian Triangle: Ethnicity, Politics and Citizenship

 Eldar Sarajlic

Abstract
This paper aims to analyse contemporary citizenship issues in Bosnia and Herzegovina in the context of transition, conflict and identity politics. It tries to contextualize the development of citizenship policies and practices in historical perspective and to assess the current state of affairs. It extends the claim that citizenship in Bosnia and Herzegovina has been set within a triangle of social and political relations in which ethnic identity and politics play the other two sides. This triangle - citizenship, ethnic identity and politics - represents key anchor points around which discussions on the Bosnian statehood revolve. The paper also provides a historical overview of citizenship in Bosnia and Herzegovina in different phases, including a detailed account of the current citizenship regime.

Keywords
Bosnia and Herzegovina, Yugoslavia, citizenship, ethnicity, conflict, politics

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2010/05

Macedonia’s Nationals, Minorities and Refugees in the Post-Communist Labyrinths of Citizenship

 Ljubica Spaskovska

Abstract
The paper provides an overview of the evolution of the Macedonian citizenship regime in view of the political and social transformation processes since 1945 and in particular after the dissolution of Yugoslavia. By arguing that the different stages in the development of the citizenship regime were significantly conditioned by the wider context and external international factors, the paper seeks to capture the interplay between the internal socio-political and institutional changes, regional developments and the understanding of citizenship. This paper includes a historical account of citizenship policies on the territory of Macedonia since the Ottoman Empire, a detailed analysis of the current citizenship regime, as well as an overview of the current citizenship-related political debates.

Keywords
Macedonia, Yugoslavia, citizenship, former Yugoslav citizens, refugees

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2010/04

The challenge of building an independent citizenship regime in a partially recognised state: the case of Kosovo

 Gezim Krasniqi

Abstract
This paper analyses efforts to create an independent citizenship regime in the partially recognised state of Kosovo. It argues that in a situation where there was no previous independent baseline for citizenship, Kosovo opted for the ‘new state’ model in defining and constituting its citizenry. Thus, by defining the new body of citizens in terms of territory and residence (though with certain conditions and limitations), the ‘new born’ state differs substantially from most of other countries that emerged after the dissolution of Yugoslavia. This paper includes a historical account of citizenship policies in the territory of Kosovo, a detailed analysis of the new Kosovar citizenship regime, and an overview of the current political debates related to citizenship.

Keywords
Citizenship, Kosovo, Yugoslavia, Serbia, residents, minority, statelessness

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2010/03

Transformations of Citizenship in Montenegro: a context-generated evolution of citizenship policies

 Jelena Dzankic

Abstract
This paper argues that in Montenegro, unlike in the other successor states of the former Yugoslavia, citizenship was not a mechanism of ethnic homogenization. Rather, it was a tool of political manoeuvring that changed in content alongside the changes of the political environment. The paper includes a historical background of citizenship policies, an analysis of the current citizenship regime, and an overview of the current debates. This second version of the paper also includes an analysis of the most recent changes to Montenegro’s citizenship regime, including ‘citizenship-by-investment’.

Keywords
citizenship, Montenegro, Yugoslavia, politics

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2010/02

A Laboratory of Citizenship: Shifting Conceptions of Citizenship in Yugoslavia and its Successor States

 Igor Stiks

Abstract
This paper focuses on shifting conceptions of citizenship in Yugoslavia, from its establishment in 1918 to its disintegration in 1991, and in its successor states from early 1990s to the present. It analysis the history of Yugoslavia and its successor states as an instructive and rare example of how citizenship can be used for different and even opposing goals: as a tool of national integration in the first Yugoslavia (1918-1941), as a tool of socialist re-unification after the failure of the previous national integration and the ensuing inter-ethnic conflicts (1945 to the mid-1960s), as a tool of cooperation among nations and their republics in a socialist multinational (con)federation (beginning in the late 1960s and continuing until 1990), as a tool of fragmentation and dissolution (1990-1991) and, finally, of ethnic engineering in Yugoslavia’s successor state. It also shows that during the last decade citizenship was used both as a tool of reconciliation and of new divisions. It remains to be seen if the introduction of European citizenship, following the eventual EU integration of all of Yugoslavia’s successor states, will be yet another experiment in a century-old Balkan laboratory of citizenship

Keywords
Citizenship, nationalism, Yugoslavia, Western Balkans, European Union, EU citizenship

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2010/01

The Europeanisation of Citizenship in the Successor States of the Former Yugoslavia: an introduction

 Jo Shaw, Igor Stiks

Abstract
This paper presents the basic framework of the CITSEE project (the Europeanisation of Citizenship in the Successor States of the Former Yugoslavia). It covers the basic objectives, approach and methodology of the study, which develops an approach to studying citizenship through so-called ‘constitutional ethnography’. The paper explains some basic terminological definitions used in the project, and reviews the key areas where CITSEE is expected to contributed to intellectual debate and theoretical understandings.

Keywords
Citizenship, Western Balkans, Yugoslavia, European Union, EU citizenship, constitutional ethnography, research methods, Europeanisation, enlargement

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