A Right to Inclusion and Exclusion?

Normative Fault Lines of the EU's Area of Freedom, Security and Justice

Hans Lindahl

• Publisher: Hart Publishing
• Year: 2009
• Print ISBN:
  9781841139494
• Edition: 1
• eBook ISBN:
  9781847315304
• Topic: Law
• Subtopic: International Law
• Index: Law

This volume of essays, situated at the interface between legal doctrine and legal and political philosophy, discusses the conceptual and normative issues posed by the right to inclusion and exclusion the EU claims for itself when enacting and enforcing immigration and asylum policy under the Area of Freedom, Security and Justice. In particular, the essays probe how this alleged right acquires institutional form; how the enactment and enforcement of the EU's external borders render possible and undermine the claim to such a right; and how the fundamental distinctions that underpin this alleged right, such as inside/outside and citizen/alien, are being disrupted and reconfigured in ways that might render the EU's civic and territorial boundaries more porous. The volume is divided into three parts. A first set of essays delves into the empirical aspects that define the institutional context of the EU's alleged jus includendi et excludendi. A second set of essays is theoretical in character, and critically scrutinizes the basic distinctions that govern this alleged right. The third set of essays discusses politico-legal alternatives, exploring how the conceptual and normative problems to which this alleged right gives rise might be dealt with, both legally and politically. The contributors to the volume are Peter Fitzpatrick, Bonnie Honig, Dora Kostakopoulou, Hans Lindahl, Valsamis Mitsilegas, Helen Oosterom-Staples, Bert van Roermund, Jo Shaw, Bernhard Waldenfels, Neil Walker and Ricard Zapata Barrero. The volume also includes a comprehensive introduction by the editor, highlighting systematic connections between the three parts and individual essays which comprise it.

Table of contents

• Prelims
• Contents
• Volume Contributors
• Introduction: A Circularity and its Ramifications
• I Institutional Context
• 1 Political Discourses about Borders
• 2 The Borders Paradox
• 3 Effective Rights for Third-Country Nationals?
• II Theoretical Issues
• 4 Phenomenology of Space: Being Here and Elsewhere
• 5 Finding Normativity
• 6 Breaking Promises to Keep Them
• 7 Migrants, Humans and Human Rights: The Right to Move as the Right to Stay
• III Politico-Legal Alternatives
• 8 The Area of Freedom, Security and Justice and the Political Morality of Migration and Integration
• 9 Proximity and Paradox: Law and Politics in the New Europe
• 10 Citizenship and Electoral Rights in the Multi-Level ‘Euro-Polity’
• 11 Denizenship and Deterritorialisation in the European Union
• Index