European Societies, Migration, and the Law
The ‘Others' amongst ‘Us'

Looks at immigration and asylum legislation and polices in Europe to investigate how immigrants are 'othered' by them.

Moritz Jesse (Edited by)

9781108720793, Cambridge University Press

Paperback / softback, published 11 August 2022

459 pages
22.9 x 15.2 x 2.4 cm, 0.612 kg

'Moritz Jesse has assembled a superb group of scholars to debate one of the most pressing legal and political questions in today´s Europe, namely the inclusion of non-nationals in host societies and the concept of otherness. By offering not only a careful theoretical analysis of various aspects such as entry bans, family reunion or resettlement, but also complementing it with detailed examples from countries such as the UK, Netherlands and Bulgaria, the book will be an essential reading to academics, policymakers and postgraduate students.' Diego Acosta, Professor in European and Migration Law, University of Bristol

Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

1. European societies, migration, and the law: instead of an introduction Moritz Jesse
Part I. 'Making the 'Other': The Construction of 'Otherness': 2. The immigrant as the 'other' Moritz Jesse
3. Othering' in unconcerned democracies and the rise of anti-liberal political divisions Helena Hofmannová and Mgr. Karel ?epa
4. The crimmigrant other at Europe's intra-schengen borders Maartje van der Woude
5. The 'others' amongst 'them' – selection categories in European resettlement and humanitarian admission programmes Natalie Welfens and Asya Pisarevskaya
Part II. The Operation of Legal 'Othering' and the National-Foreigner-Dichotomy in the EU: 6. The rights of 'others' in domestic constitutions: towards an equality-based approach? Clíodhna Murphy
7. Hierarchies of privilege: juxtaposing family reunification rights, integration requirements, and nationality in EU law Narin Idriz
8. Alienation of 'second generation Turkish Dutch' in the name of 'integration': family reunification policies in the Netherlands Gizem Kolba??-Muyan
9. Different levels of 'legal otherness' in the context of expulsion and entry Bans Kathrin Hamenstädt
10. The non-national as 'the other': what role for non-discrimination law? K. M. (Karin) de Vries
Part III. After the Arrival of the 'Others': Reactions to the 'Refugee Crises' of 2015: 11. The reception of asylum seekers in Europe: exclusion through accommodation practices Helena Hattmannsdorfer
12. Integration impossible? Ethnic nationalism and refugee integration in Bulgaria Emiliya Bratanova van Harten
13. Refugees' integration into the labour market: discharging responsibility in the UK Sonia Morano-Foadi, Clara Della Croce and Peter Lugosi
Part IV. 'Othering' in the EU: 14. When a country is not a home: the numbered (EU citizens) others and the quest for human dignity under Brexit Dora Kostakopoulou
15. The 'market insider': market-citizenship and economic exclusion in the EU Moritz Jesse and Daniel Carter
16. Inclusion and exclusion of migrant workers in the EU Daniel William Carter
Part V. European Societies, Otherness, Migration, and the Law: 17. Deciphering the role of (migration) law in the social construction of 'otherness' Daniel Thym
18. The 'others' amongst 'us': instead of a conclusion Moritz Jesse
Bibliography
Index.

Subject Areas: Law [L], Politics & government [JP], Migration, immigration & emigration [JFFN]