The Borders of the Law: Legal Fictions, Elusive Borders, Migrants’ Rights
نویسندگان
چکیده
Bordering processes take place through different means and are carried out by actors. Laws regulatory activities have a prominent among border-drawing instruments: Their capacity to mobilise actors, allocate funds, determine procedures remedies make them formidable multifaceted bordering tool. It is therefore not surprising notice that EU institutions heavily relied on tools when the need resort new emerged in aftermath of so-called migration crisis. This article delves into particular (re-)bordering process emerging from legislative proposals attached Commission’s 2020 New Pact Migration Asylum: attempt uncouple duty fully respect protect fundamental rights reality migrants’ presence national territory. objective pursued proposed package non-entry fictions, capable untangling legal notion “border” its physical for purpose immigration law (only). The analysis relevant provisions provides reader with number insights transformation borders. First, borders (as defined law) subject peculiar regime. Secondly, increasingly independent physical/geographical correspondence. Thirdly, border lines linked any ground, but rather follow irregular migrants as they move, confining areas less law, no matter their location.
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ژورنال
عنوان ژورنال: Politics and Governance
سال: 2022
ISSN: ['2183-2463']
DOI: https://doi.org/10.17645/pag.v10i2.4968