Advanced Search
MyIDEAS: Login to save this paper or follow this series

Finding Place for Freedom, Security and Justice: The European Un-ion’s Claim to Territorial Unity

Contents:

Author Info

  • Hans Lindahl
Registered author(s):

    Abstract

    Legal and political analyses tend to downplay the problem of spatiality evoked in the notion of an Area of Freedom, Security and Justice, focusing instead on the dis-tinct policy fields covered by this triad of values. Whatever its merits, this analytic strategy neglects the central claim hidden in what seems to be but a flatulent title: the closure of space into a legal place, into a bounded region, is ingredient to the very possibility and concrete realization of freedom, security and justice. This paper explores this claim in four stages. Initially it examines and rejects the preliminary objection that globalisation marks the irreversible decline of legal place as a consti-tutive feature of social life. Then it develops a legal topology of the Area of Freedom, Security and Justice, arguing that two different modes of the inside/outside distinc-tion are at stake in Articles 61 and 63 ECT. Subsequently, drawing on Communica-tion 459/98 and the Preambles to the Treaties, the paper outlines a topogenesis of the Area, describing the representational process by which its boundaries are pos-ited. The paper concludes by asserting that the primacy of security over freedom and justice is related to the paradox governing a fledgling European public order: in the process of enforcing the Union’s claim to an own place, the Area of Freedom, Secu-rity and Justice becomes unrecognisable as the Union’s own place.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: https://www.wiso.uni-hamburg.de/fileadmin/sowi/politik/governance/ConWeb_Papers/conweb1-2004.pdf
    File Function: Full text
    Download Restriction: no

    Bibliographic Info

    Paper provided by University of Bath, Department of European Studies and Modern Languages in its series The Constitutionalism Web-Papers with number p0003.

    as in new window
    Length:
    Date of creation: 17 Mar 2004
    Date of revision:
    Handle: RePEc:erp:conweb:p0003

    Contact details of provider:
    Web page: http://www.bath.ac.uk/esml/

    Related research

    Keywords: European identity; spatial theory; immigration policy; security/internal;

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:conweb:p0003. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Sassan GHOLIAGHA).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.