‘Any Place I Hang My Hat?’ or: Residence is the New Nationality

Abstract:  Removing all nationality discrimination means treating the emigré national like a foreigner, not just treating the foreign resident like a national. This challenges directly the idea that the national enjoys a permanent bond with his home country, wherever he may go. It also ushers in residence as an alternative to nationality as the criterion for membership of society and rights to benefits. This makes national solidarity a less discriminatory affair, and so easier to defend legally. One result may be tighter, in some ways less open societies. Yet membership of these societies will be voluntary and temporary and open to all. This argument is developed through a critical examination of recent judgments from the Court of Justice on residence conditions in national law.