Read e-book online A Right to Inclusion and Exclusion? : Normative Fault Lines PDF

By Hans Lindahl

ISBN-10: 1847315305

ISBN-13: 9781847315304

This quantity of essays - located on the interface among felony doctrine and criminal and political philosophy - discusses the conceptual and normative concerns posed by way of the appropriate to inclusion and exclusion the european claims for itself whilst enacting and imposing immigration and asylum coverage less than the realm of Freedom, protection, and Justice. specifically, the essays probe how this alleged correct acquires institutional shape; how the enactment and enforcement of the EU's exterior borders render attainable and undermine the declare to this kind of correct; and the way the elemental differences that underpin this alleged correct - equivalent to inside/outside and citizen/alien, are being disrupted and reconfigured in ways in which may render the EU's civic and territorial obstacles extra porous. the amount is split into 3 elements. the 1st set of essays delves into the empirical features that outline the institutional context of the EU's alleged jus includendi et excludendi. A moment set of essays is theoretical in personality, and significantly scrutinizes the elemental differences that govern this alleged correct. The 3rd set of essays discusses politico-legal possible choices, exploring how the conceptual and normative difficulties to which this alleged correct provides upward push will be handled, either legally and politically.

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Extra info for A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice

Sample text

Ultimately, borders not only separate people but also, and most fundamentally, civilisations that adhere to incompatible religions. The PD takes a very different tack. 23 Consequently, whereas the RD holds countries of emigration and the emigrants themselves as responsible, 19 VI, 09/1999, no 261; 13916. As far as I know, there is no formal system of citing legislative initiatives in the following system: (VIII, 03/2006, no 164; 8219) meaning (Legislature, month/year, initiative number; page number in the log of the Spanish legislature’s sessions).

Subsequently, they are released and told to leave the country within 15 days. However, most stay or travel on within the EU and get involved in black-market labour. At the same time some 30,000 immigrants are estimated to be waiting in Morocco and Argelia to storm the fences of Ceuta and Melilla in order to cross the Spanish border by land. These Spanish enclaves in Morocco are other border sites that have received a great deal of media attention and put illegal immigration on the political agenda.

TWO DISCOURSES ABOUT BORDERS If the foregoing section focuses primarily on empirical issues pertaining to immigration and migration policy, I will now turn to examine how these issues are approached in the two main discourses deployed in the Spanish Parliament. Whereas the previous section reveals a policy mix of security and humanitarian considerations, this section reveals a remarkable degree 15 European states (EU and non-EU) who have implemented the Schengen Agreement of 1985, to create a territory without borders.

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A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice by Hans Lindahl


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