Farahat, Anuscheh Author aut Text xx# 2024 Verfassungsblog 2024-03-04 eng

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The constant portrayal of migration as an exceptional and problematic phenomenon fuels public anxieties and makes deterrence and harshness seem like the only effective political approaches to managing global migration. By contrast, positive visions of how a society of immigration needs to look like for all members of society to benefit are scarce. Yet to counter apocalyptic scenarios, we need not only such a positive vision but also a theory of societal action that helps to realize it. This blog post offers such a vision and theory that is grounded in the normative and legal framework of the European Union. It argues that we should conceptualize the European society as an inclusive, participatory, and self-reflexive community that is based on constitutional principles as enshrined in Art. 2 TEU. To realize this vision, we must understand practices of claiming and defending human rights not as an overreach into the political latitude of the legislator but as a joint practice of (political) community-building. CC BY-SA 4.0 Farahat, Anuscheh European Court of Justice Human Rights Migration migration law 342 https://verfassungsblog.de/re-imagining-the-european-political-community-through-migration-law/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/8cfe54c673e46b6a 240304 10.59704/8cfe54c673e46b6a Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)