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Vol 22 No 9 Sept/Oct 2017

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

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Edited by: Hans Lindahl

ISBN13: 9781841139494
Published: August 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



Low stock.

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.

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Subjects:
EU Law
Contents:
Introduction: A Circularity and its Ramifications
I. Institutional Context
1. Political Discourses about Borders: On the Emergence
of a European Political Community
RICARD ZAPATA-BARRERO
2. The Borders Paradox: The Surveillance of Movement
in a Union without Internal Frontiers
VALSAMIS MITSILEGAS
3. Effective Rights for Third-Country Nationals?
HELEN OOSTEROM-STAPLES
II. Theoretical Issues
4. Phenomenology of Space: Being Here and Elsewhere
BERNHARD WALDENFELS
5. Finding Normativity: Immigration Policy and
Normative Formation
PETER FITZPATRICK
6. Breaking Promises to Keep Them: Immigration and the
Boundaries of Distributive Justice
HANS LINDAHL
7. Migrants, Humans and Human Rights: The Right to Move
as the Right to Stay
BERT VAN ROERMUND
III. Politico-Legal Alternatives
8. The Area of Freedom, Security and Justice and the Political
Morality of Migration and Integration
DORA KOSTAKOPOULOU
9. Proximity and Paradox: Law and Politics in the New Europe
BONNIE HONIG
10. Citizenship and Electoral Rights in the Multi-Level
'Euro-Polity': The Case of The United Kingdom
JO SHAW
11. Denizenship and Deterritorialisation in the European Union
NEIL WALKER

Series: Essays in European Law

50 Years of the European Treaties: Looking Back and Thinking Forward (eBook) ISBN 9781847317223
Published February 2009
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
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50 Years of the European Treaties: Looking Back and Thinking Forward ISBN 9781841138329
Published February 2009
Hart Publishing
£45.00
EU Foreign Relations Law: Constitutional Fundamentals ISBN 9781841137575
Published July 2008
Hart Publishing
£49.99
Sovereignty in Transition: Essays in European Law
Edited by: Neil Walker
ISBN 9781841135649
Published October 2006
Hart Publishing
£41.99
Sovereignty in Transition: Essays in European Law (eBook)
Edited by: Neil Walker
ISBN 9781847316967
Published October 2006
Hart Publishing
£34.99 + £7.00 VAT
(ePub)
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Law and New Governance in the EU and the US ISBN 9781841135434
Published April 2006
Hart Publishing
£50.00
Social Wefare and EU Law ISBN 9781841134901
Published July 2005
Hart Publishing
£55.00
£65.00
Disability Rights in Europe: From Theory to Practice ISBN 9781841134864
Published May 2005
Hart Publishing
£50.00
Law and Governance in an Enlarged European Union ISBN 9781841134260
Published November 2004
Hart Publishing
£75.00
EU Enlargement: A Legal Approach ISBN 9781841133768
Published July 2004
Hart Publishing
£65.00
The EU Charter of Fundamental Rights ISBN 9781841134499
Published April 2004
Hart Publishing
£70.00
The Treaty of Nice and Beyond: Enlargement and Constitutional Reform ISBN 9781841133393
Published November 2003
Hart Publishing
£90.00