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 appropriate to inclusion and exclusion the ecu claims for itself while enacting and implementing immigration and asylum coverage lower than the world of Freedom, safety, 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 type of correct; and the way the basic differences that underpin this alleged correct - similar 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 components. the 1st set of essays delves into the empirical points 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 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
10 Schengen Borders Code, Art 12. 11 See in this context the Commission Communication on examining the creation of a European Border Surveillance System (EUROSUR), COM(2008) 68 final, Brussels, 13 February 2008, and the work of the European Border Agency (FRONTEX). On Frontex, see V Mitsilegas, ‘Border Security in the European Union. Towards Centralised Controls and Maximum Surveillance’ in E Guild, H Toner and A Baldaccini (eds), Whose Freedom, Security and Justice? EU Immigration and Asylum Law and Policy (Oxford, Hart Publishing, 2007) 359–94 and more recently House of Lords European Union Committee, FRONTEX: the EU External Borders Agency, 9th Report, session 2007–08, HL Paper 60.
To control the flow means to establish restricted rules of access. 37 The control criteria must be established basically in light of our ‘capacity of reception’38 and also with regards to the identity criteria. In this latter case, selection must be made according to national origin. The RD defends a border policy of ‘national preference’. In short, border policy must follow two aims: to avoid the arrival of more immigrants (‘immigration is a bad thing that should be avoided’), and to allow for the selection of these based on national origin and identity criteria.
34 (viii) Receptive Political Community or Immigrants: Which Has an Obligation Toward the Other? The fact of questioning the cause of immigration in these terms has implied fundamental rules in terms of the structural political opportunities. For the RD, the receptive political community does not have the obligation to redefine itself because the act of migration is voluntary. The whole argument is: ‘if they have come voluntarily, they know they will find another political community with a different system of rules that they must accept’.