WP 13 : The relationship between national, European and international law with respect to European borders; the security implications of this relationship; the specific effects of agreements on freedom of movement of goods, capital, services and persons

This section's articles

• European Vessels, African Territorial Waters and ‘Illegal Emigrants’: The Right to Leave and the Principle of (Il)legality in a Global Regime of Mobility

  30 December 2008, by Cornelisse Galina
  Analyses of the legal challenges posed by the interception of migrants, be it in the territorial waters of sending states or the high seas, have predominantly focused on the rights of refugees and non-refoulement. However, a focus on the wider implications of this specific form of externalisation and the international legal framework in which it takes place is much called for. In order to evaluate the remarkable discursive shift from illegal immigration to illegal migration in European policies, an overview of the legal norms regulating international movement is indispensable.

• Integration and Immigration: The Vicissitudes of Dutch ‘inburgering’

  24 June 2008, by Besselink Leonard F. M.
  The Netherlands has set an example to a range of other EU Member States in devising measures to integrate immigrants not only as a goal in itself, but as part of a restrictive migration policy. This essay describes the vicissitudes of ‘integration programmes’ (inburgering) in the Netherlands. It focuses on law, and we reflect in particular on the legislation through which these programmes were to be enforced.

• European Integration and Immigration by Third-Country Nationals: The Obduracy of the National Border

  17 December 2007, by Cornelisse Galina
  For the early French Revolutionaries, the concept of the nation did not serve as a vehicle for territorial states’ exclusionist practices. Neither did they conceive of national identity primarily as a criterion by which to distinguish between «us» and «them». For them, the concept of the nation gave expression to the radical idea of an inclusive political community based the concept of popular sovereignty, equality and unalienable rights. However, the territoriality of global political organisation led to a different role for nationalism on the global political stage than which could have been foreseen by the early Revolutionaries. Contemporary nationalism is defined by the very distinction between «us» and «them» and its original promise of individual rights and freedoms often seems to be in direct contradiction with everyday reality.

• Expulsion and integration: Erecting Internal Borders within the Kingdom of the Netherlands

  12 September 2006, by Besselink Leonard F. M.
  The Dutch government has been developing a policy of integration measures under the Dutch word inburgering. This choice of word relates the issue to citizenship. The policy began in the 1990s as a socio-educational measure, particularly providing courses to members of ethnic minorities. In the course of the last years, the measures have changed nature.

• De Binnengrenzen van het Koninkrijk, Of: Het voorontwerp ‘Verbanning en Inburgering’

  29 May 2006, by Besselink Leonard F. M.
  Op 30 januari heeft de minister voor Vreemdelingenzaken en Integratie een voorontwerp (met memorie van toelichting) gepubliceerd van een Wet houdende aanvullende maatregelen inzake het verblijf in Nederland van Antilliaanse en Arubaanse risicojongeren en inzake inburgering van Antilliaanse en Arubaanse Nederlanders. Inmiddels is dit voorstel voor advisering door de ministerraad naar de Raad van State gezonden. Dit is de voorlopige uitkristallisering van een reeks nogal problematische voorstellen met betrekking tot een inburgeringsplicht voor buiten het land Nederland geboren Nederlanders die zich in Nederland willen vestigen.

• Security in European Union External Border Law

  28 February 2006, by Tekofsky Aliza
  Safeguarding the security of its citizens is one of the essential tasks of a state. Border control with its real and perceived security function is therefore of great material and symbolic importance. Developments in European Union law, notably the Schengen interpretation of the internal market as an area without internal frontiers, have introduced a logic that renders some form of European Union external border policy indispensable. As a result, this traditional domaine r’eserv’e is turning into a domaine partag’e, a field of shared competence. Although international obligations, practical limitations and globalization processes diminish the effective meaning of autonomous state power, formal and fundamental shifts in competence such as these are still of great significance.

• The relation between national, European and international law with respect to European borders; the security implications of this relationship; the specific effects of agreements on freedom of movement of goods, capital, services and persons

  30 November 2004, by Besselink Leonard F. M.
  This package aims at an input of the securitization debate in legal circles and from legal studies into political and social science. It intends to clarify the shifts in governance in security issues at the physical borders of political society in Europe. Main results shall consist of interim reports relating to the various issues summed up, and a final report in book form with the analytical issues, their results, final conclusions and recommendations.