“The ‘Protective’ Union: Change and Continuity in European Migration Law and Policy”

Kostakopoulou, Dora. (1999) “The ‘Protective’ Union: Change and Continuity in European Migration Law and Policy”. In: UNSPECIFIED, Pittsburgh, PA. (Unpublished)

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Abstract

The initiative to introduce a single constitutional basis and more democratic control in this area is a welcome development. However, it may be observed here that the structural shift from the intergovernmental pillar to the Community method has not been accompanied by a re-examination of the issue of immigration and a reflection on the dialectic of inclusion and exclusion which sets apart EU nationals/Union citizens from non-EU migrants. In this paper, I argue that Communitarisation will enable the Union to expand its so far modest acquis in migration-related issues (section 1), but is has also opened the way for the installation of exclusive categories and the security paradigm which characterized the third pillar within the system of Community law (section 2). The implications of this for the Union itself, the state and its evolving security agenda, and for the shape of European immigration and asylum policy in Amsterdam Europe will be considered in section 3.

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