The Hidden Normative Process Behind the Construction of European Migration Policies
Author
Summary, in English
This paper examines how legal science can provide a new perspective and instrument of analysis for understanding how action is produced by legal rules in a given system. By treating legal rules as a factor of explanation in perceiving political action, the authors aim to use them as a scientific perspective that will reflect whether there is a normative determination to generate harmonised legislation with regard to immigration and a multicultural society in Europe, or whether there is opposition based on various different national reasons and interests in EU member states. Tools s provided by the science or norms, as defined by the Swedish scholar H. Hydén, are applied to observe immigration policies, both at the supranational (European) level and the national (Italian) level. The results suggest that there is a process of disarticulation of these policies in the heterogeneous position typical of the European Union, which noticeably shows a lack of will to co-ordinate the actions of individual member states and induce them to share common visions on the question.
Department/s
Publishing year
2006
Language
English
Pages
73-94
Publication/Series
Sociologia del Diritto
Volume
3
Issue
2006
Document type
Journal article
Publisher
Edizioni FrancoAngeli
Topic
- Law and Society
Keywords
- Sociology of Law
- National
- Supranational
- Migration
- Immigration
- Harmonization
- Unification
- European Union
- European Law
- Migration Policies
- Migration Law
- Norms
- Norm Science
- Norm
- Multicultural Society
Status
Published
ISBN/ISSN/Other
- ISSN: 1972-5760