EU Law, Migration and Racial Capitalism: Encounters at the neoliberal EU (b)order
Loxa, Alezini LU
(2025)
In Retfærd: Nordisk juridisk tidsskrift
24(4).
p.11-11
- Abstract
- EU law has developed with close ties to economic growth, and relatedly, various scholars have historically expressed critiques which would today be considered part of the Law and Political Economy approach. What is starkly absent from the relevant critiques is the way in which EU law regulates the migration phenomenon and its relation to the market. Migration law scholarship has been focusing on the exclusion produced for non-EU migrants due to security considerations or colonial legacies, but it has not related such exclusion to the parallel economic exclusion of EU migrants. Thereby a foundational myth has driven the development of EU scholarship and institutional practice, which emphasises the dichotomy between privileged EU citizens... (More)
- EU law has developed with close ties to economic growth, and relatedly, various scholars have historically expressed critiques which would today be considered part of the Law and Political Economy approach. What is starkly absent from the relevant critiques is the way in which EU law regulates the migration phenomenon and its relation to the market. Migration law scholarship has been focusing on the exclusion produced for non-EU migrants due to security considerations or colonial legacies, but it has not related such exclusion to the parallel economic exclusion of EU migrants. Thereby a foundational myth has driven the development of EU scholarship and institutional practice, which emphasises the dichotomy between privileged EU citizens and excluded non-EU migrants.
The article revisits this myth by bringing insights from racial capitalism to bear on EU law and the ways in which it regulates migration. By an analysis of primary and secondary law in the area of free movement and migration, the article maps how EU migration law is constitutive of profit-making processes in parallel to and on top of the race-making ones, which have already been explored in literature. The parallel and mutually reinforcing race-making and profit-making features of EU migration law frame it as a legal system which creates stratified rights and shapes hierarchies among non-citizens in Member States’ domestic laws. These features are then situated in a theoretical analysis on the position of migration in EU constitutional theories. Eventually the article suggests that EU migration law and the intersecting racial and economic exclusions it produces can be better understood as being part of the neoliberal bias of the EU constitution.
(Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/cbc0184b-db20-4df6-9a12-0662ba91ff45
- author
- Loxa, Alezini
LU
- organization
- publishing date
- 2025-02-13
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU law, migration, free momvent, racial capitalism, neoliberalism, civic stratification, EU-rätt, Migration
- in
- Retfærd: Nordisk juridisk tidsskrift
- volume
- 24
- issue
- 4
- pages
- 36 pages
- publisher
- DJØF Forlag
- ISSN
- 0105-1121
- language
- English
- LU publication?
- yes
- id
- cbc0184b-db20-4df6-9a12-0662ba91ff45
- date added to LUP
- 2024-11-18 18:42:10
- date last changed
- 2025-04-04 15:16:03
@article{cbc0184b-db20-4df6-9a12-0662ba91ff45,
abstract = {{EU law has developed with close ties to economic growth, and relatedly, various scholars have historically expressed critiques which would today be considered part of the Law and Political Economy approach. What is starkly absent from the relevant critiques is the way in which EU law regulates the migration phenomenon and its relation to the market. Migration law scholarship has been focusing on the exclusion produced for non-EU migrants due to security considerations or colonial legacies, but it has not related such exclusion to the parallel economic exclusion of EU migrants. Thereby a foundational myth has driven the development of EU scholarship and institutional practice, which emphasises the dichotomy between privileged EU citizens and excluded non-EU migrants. <br/>The article revisits this myth by bringing insights from racial capitalism to bear on EU law and the ways in which it regulates migration. By an analysis of primary and secondary law in the area of free movement and migration, the article maps how EU migration law is constitutive of profit-making processes in parallel to and on top of the race-making ones, which have already been explored in literature. The parallel and mutually reinforcing race-making and profit-making features of EU migration law frame it as a legal system which creates stratified rights and shapes hierarchies among non-citizens in Member States’ domestic laws. These features are then situated in a theoretical analysis on the position of migration in EU constitutional theories. Eventually the article suggests that EU migration law and the intersecting racial and economic exclusions it produces can be better understood as being part of the neoliberal bias of the EU constitution.<br/>}},
author = {{Loxa, Alezini}},
issn = {{0105-1121}},
keywords = {{EU law; migration; free momvent; racial capitalism; neoliberalism; civic stratification; EU-rätt; Migration}},
language = {{eng}},
month = {{02}},
number = {{4}},
pages = {{11--11}},
publisher = {{DJØF Forlag}},
series = {{Retfærd: Nordisk juridisk tidsskrift}},
title = {{EU Law, Migration and Racial Capitalism: Encounters at the neoliberal EU (b)order}},
url = {{https://lup.lub.lu.se/search/files/207426157/Retfaerd_Racial_Capitalism.pdf}},
volume = {{24}},
year = {{2025}},
}