The Modern Refugee in the Post-modern Europe

Authored by: Patricia Tuitt

The Ashgate Research Companion to Migration Law, Theory and Policy

Print publication date:  March  2013
Online publication date:  March  2016

Print ISBN: 9780754671886
eBook ISBN: 9781315613239
Adobe ISBN: 9781317042648

10.4324/9781315613239.ch2

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Abstract

It is a wise scholar who would look with suspicion upon conventional accounts of the causes behind any phenomenon, but the most prevalent hypotheses concerning the impetus behind early European integration will, I think, prove especially productive for the argument I wish to advance in this chapter. In summary, my contention is that the European Union will come into being as a fully fledged political and legal entity only with the complete disavowal of the refugee, as she is understood as both a sociological phenomenon and a legal term of art. To be more precise, when people who flee civil and political oppression, generalized violence or other catastrophic events are denied access in significant numbers to European Union member states, the constitutive force behind the European Union will be revealed. When the regime of rights developed under the Convention Relating to the Status of Refugees 1 1

28 July 1951, 189 UNTS 150.

no longer has currency within the Union, then (and only then) will we really know the European Union.

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