By Hans Lindahl
This quantity of essays - positioned on the interface among criminal doctrine and criminal and political philosophy - discusses the conceptual and normative matters posed by way of the best to inclusion and exclusion the european claims for itself whilst enacting and implementing immigration and asylum coverage less 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 kind of correct; and the way the basic differences that underpin this alleged correct - reminiscent of inside/outside and citizen/alien, are being disrupted and reconfigured in ways in which may render the EU's civic and territorial limitations extra porous. the quantity 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 significantly 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 could be handled, either legally and politically.
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Extra resources for A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice
Broadly speaking, the first one follows a security-based approach, the second, a human rights-based approach. The rhetoric of the first discourse corresponds to a new conservatism; the rhetoric of the second discourse is part of a new progressivism. Exploring these two discourses becomes a way of identifying the basic issues confronting a debate about the normative foundations of a political community, insofar as each represents a distinct way of defining political community—including the EU. I will return to those issues in the following section.
It draws a sharp distinction between those inside and those outside, such that those within are viewed as the preferred recipients of rights and resources generated by the community. Justice, on this view, is a virtue of a local political community. By contrast, PD views immigration as the outcome of ‘global injustice’: Nobody migrates on a whim, thousands of human beings are forced to abandon their lands, leave their families, among other things because their towns are being pushed down by multinationals ...
At the informal meeting of heads of state in Tampere, Finland, in September 2006, European politicians from Austria, Holland and Germany criticised Spain for requesting assistance in times of crisis, whereas it didn’t consult with them when implementing a large-scale regularisation in 2005. The critique was headed by the (then) French Interior Minister, Nicolas Sarkozy, who blamed the large-scale arrival of immigrants to Spain on the amnesty which the Socialist government gave in 2005 to nearly 800,000 undocumented workers (most of whom were actually from Latin America).
A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice by Hans Lindahl