Hans Lindahl's A Right to Inclusion and Exclusion? : Normative Fault Lines PDF

By Hans Lindahl

ISBN-10: 1847315305

ISBN-13: 9781847315304

This quantity of essays - positioned on the interface among felony doctrine and criminal and political philosophy - discusses the conceptual and normative matters posed by way of the proper to inclusion and exclusion the european claims for itself while enacting and implementing immigration and asylum coverage below 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 sort of correct; and the way the basic differences that underpin this alleged correct - equivalent to inside/outside and citizen/alien, are being disrupted and reconfigured in ways in which may perhaps render the EU's civic and territorial barriers extra porous. the amount is split into 3 components. the 1st set of essays delves into the empirical facets that outline the institutional context of the EU's alleged jus includendi et excludendi. A moment set of essays is theoretical in personality, and seriously scrutinizes the fundamental 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 supplies upward thrust will be handled, either legally and politically.

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

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They are indissoluble because borders would cease to be such if they only joined or only separated. If borders only separated it would no longer be possible to acknowledge that there is an outside and, by implication, an inside; if they only joined, then there would be no way of differentiating between inside and outside, hence there would no longer be two regions that could be joined. Yet, although these two functions are necessarily intertwined, migration policy can privilege one or the other.

42 35 36 37 38 39 40 41 42 VI, 04/1999, no 277; 14961. VII, 07/2003, no 267; 13970. VII, 07/2003, no 267; 13978. Eg, VII, 04/2002, no 153; 7770. VI, 04/1999, no 277; 14962. VII, 10/2003, no 284; 14910. See also VII, 07/2003, no 267; 13979. VII, 02/2001, no 61; 2950. VIII, 10/2005, no 120; 6001. 26 Ricard Zapata-Barrero (ii) Addressing the ‘Call Effect’ or the ‘Exit Effect’? 45 The PD, by contrast, emphasises the existence of an ‘exit effect’. In its view, the link is not between the ‘call effect’ and the alleged legislation/policy that may be pursued, but rather between the ‘exit effect’ and the characteristics of the communities of origin: higher demographic growth levels, unemployment, weak social and cultural networks, slow economic growth.

The second strand consists of developments stemming from the introduction of a logic of ‘border security’ into EU law. In this context, the chapter will look at the emergence of the concept of ‘border security’ in the Anglo-American world (emphasising its link with counter-terrorism). It will then look at its translation at the EU level via concrete measures such as the collection and exchange of passenger data, the inclusion of biometrics in identity documents and databases, and the blurring of the boundaries between immigration control and counter-terrorism in the field of information collection and exchange.

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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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