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Addressing one of the greatest challenges facing liberalism today, this book asks if it is legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.

First published online: July 2020 ; Under which circumstances is it legitimate to force people to be free? Focusing on recent cases in Europe—handshaking, gender-mixed swimming lessons, and burkini bans—the Article exposes two types of moral hypocrisy in the European approach to this question. First, there is an increasing appeal to the notion of "forcing people to be free" in Europe; this is often justified based on conformity with the "general will" and the avoidance of self-imposed "harm." The Article shows how the concepts of the general will and harm are employed to legitimize the submission of the minority to the majority culture. Second, the Article indicates the double standard of European policies. While religious symbols and ways of life of the majority are first culturalized and then universalized, symbols and ways of life of the minority, even when seen as cultural, are often religionized and politicized. This legal fa¸cade enables the majority group to frame social reality as a direct conflict between universal morality and religious fundamentalism. ; Harvard Human Rights Journal, whose comprehensive suggestions tremendously improved the Article. The study is supported by the European Research Council Starting Grant (# 716350).

Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation - and a commonly accepted methodology on how to evaluate discriminatory borders - creates acute problems in terms of protecting human rights, promoting state interests, and setting up international cooperation. Against this background, this essay offers a legal framework to examine when borders are discriminatory. It includes a three-step process that examines the goals, criteria, and means of immigration and citizenship selection. With almost 300 million international immigrants worldwide living outside their country of origin in 2020, developing such a framework has become an urgent need.

The topic of citizen-making—turning migrants into citizens—is one of the most politically contested policy areas in Europe. Access to European citizenship is governed by national law with almost no EU regulation. The Article brings to the fore normative concerns associated with citizen-making policies in Europe (Section 2). It examines ethical dilemmas involved in the process of creating new citizens (Section 3) and promotes the adoption of a European legal framework on access to citizenship (Section 4). The overall claim is that every newcomer will be required to demonstrate, as a prerequisite for citizenship, attachments to the constitution of the specific Member State, yet the test will be functional, flexible and non-exclusive. As the topic of EU citizenship law is currently at the centre of the European agenda, this article has both theoretical significance and policy implications.

First published online: 31 October 2019 ; The topic of citizen‐making—turning migrants into citizens—is one of the most politically contested policy areas in Europe. Access to European citizenship is governed by national law with almost no EU regulation. The Article brings to the fore normative concerns associated with citizen‐making policies in Europe (Section 2). It examines ethical dilemmas involved in the process of creating new citizens (Section 3) and promotes the adoption of a European legal framework on access to citizenship (Section 4). The overall claim is that every newcomer will be required to demonstrate, as a prerequisite for citizenship, attachments to the constitution of the specific Member State, yet the test will be functional, flexible and non‐exclusive. As the topic of EU citizenship law is currently at the centre of the European agenda, this article has both theoretical significance and policy implications. ; H2020 European Research Council. Grant Number: 716350

The topic of citizen-making - turning migrants into citizens - is one of the most politically contested policy areas in Europe. Access to European citizenship is governed by national law with almost no EU regulation. The Article brings to the fore normative concerns associated with citizen-making policies in Europe (Section 2). It examines ethical dilemmas involved in the process of creating new citizens (Section 3) and promotes the adoption of a European legal framework on access to citizenship (Section 4). The overall claim is that every newcomer will be required to demonstrate, as a prerequisite for citizenship, attachments to the constitution of the specific Member State, yet the test will be functional, flexible and non-exclusive. As the topic of EU citizenship law is currently at the centre of the European agenda, this article has both theoretical significance and policy implications.

This kickoff contribution argues that new conceptions of global citizenship are needed today and that new digital technologies might make them viable. Blockchain technology could provide, first, every person with a unique and internationally recognized and self-sovereign legal persona that could also serve to provide individuals globally with an equal voice in international affairs. Second, blockchain technology also permits individuals or international organisations to form cloud communities in cyberspace whose aim is political decision-making and in which individuals take part in a process of governance and the creation of law.

We can construct theoretical models of digital citizenship but, as this debate has shown, there are plenty of uncertainties – political, technological, and psychological ones – before it can become actually operative. I agree with Milan that 'much work is needed … before we can proclaim the blockchain revolution.' In particular, I share the concern about global inequality generated by ideas of cloud communities due to lack of internet access (Dzankic, Ypi, Kochenov) – this gap, however, has tremendously (and rapidly) narrowed and in 104 states more than 80 per cent of the youth population (aged 15–24) are now online. The situation will further improve if a right to internet access is universally recognised. And I cannot but share Bauböck's worries about the tyranny of the majority in the cloud – addressing it is a matter of constitutional design of voting mechanisms (note, however, that there will be judicial review, decisions that require supermajority, and perhaps even veto rights in the digital world as well). Discussing these (and others) concerns will keep theorists and policy makers busy in the years to come. While the focus of this debate is on global citizenship and virtual communities, I see it as a broader invitation to reflect on the nexus between new technologies and the future of citizenship.