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A Right to Inclusion and Exclusion? : Normative Fault Lines - download pdf or read online

By Hans Lindahl

ISBN-10: 1847315305

ISBN-13: 9781847315304

This quantity of essays - positioned on the interface among criminal doctrine and felony and political philosophy - discusses the conceptual and normative matters posed through the appropriate to inclusion and exclusion the european claims for itself whilst enacting and implementing immigration and asylum coverage lower than the world of Freedom, protection, and Justice. particularly, 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 - resembling inside/outside and citizen/alien, are being disrupted and reconfigured in ways in which could render the EU's civic and territorial barriers extra porous. the quantity is split into 3 components. 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 offers upward push could be handled, either legally and politically.

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

Example text

50 A. Three Normative Challenges Confronting Migration Policy The first normative challenge confronting migration policy is to what extent robust borders controls can be combined with the protection of the human rights of immigrants. Although Spain has worked hard to control its borders by extending the Integrated System of External Surveillance (SIVE) to Fuerteventura and by sending patrol boats to Mauritania, it also has (under pressure from international human rights organisations) increased its concern for human rights.

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).

Five Year Strategy for Asylum and Immigration, February 2005. For further analysis, see also V Mitsilegas, ‘Human Rights, Terrorism and the Quest for Border Security’ in M Pedrazzi (ed), Individual Guarantees in the European Judicial Area in Criminal Matters (Brussels, Bruylant, forthcoming). 2 respectively). 31 Home Office, Securing the UK Border, March 2007. 4. 1. 26. 35 Securing the UK Border; Security in a Global Hub; and Managing Global Migration (Home Office and FCO, June 2007) in particular p 24).

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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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