Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Freedom Of Movement II: Decisions On Entry As A Sovereign Prerogative?

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter argues that the way in which immigration is portrayed and perceived as impinging first and foremost on the 'integrity of national borders' overpowers the consideration of most. It traces the development over time of the sovereign right to exclude. The chapter explores the legal framework regulating the entry and stay of nationals in a state other than their own. It addresses the legal regulation of immigration by third-country nationals into and within the European Union (EU). The chapter also explores the way in which territoriality features in allegedly post-national constellation of the EU. It also discusses that the asymmetry in the legal framework regulating international human movement is the inevitable result of the way in which territoriality has shaped modern constitutional discourse. The chapter also delas with the way in which European States increasingly make use of novel concepts and techniques in order to (re)assert (national) exclusionary powers.

Keywords: European Union (EU); immigration; legal framework; sovereign right to exclude



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Immigration Detention and Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation