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The Hidden Normative Process Behind the Construction of European Migration Policies

Piasecka, Anna LU (2006) In Sociologia del Diritto 3(2006). p.73-94
Abstract
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)... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Sociology of Law, National, Supranational, Migration, Immigration, Harmonization, Unification, European Union, European Law, Migration Policies, Migration Law, Norms, Norm Science, Norm, Multicultural Society
in
Sociologia del Diritto
volume
3
issue
2006
pages
73 - 94
publisher
Edizioni FrancoAngeli
ISSN
1972-5760
language
English
LU publication?
yes
id
da127997-9207-42df-b65d-22bfd8c85c29 (old id 1002627)
date added to LUP
2016-04-01 11:57:18
date last changed
2018-11-21 20:02:09
@article{da127997-9207-42df-b65d-22bfd8c85c29,
  abstract     = {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.},
  author       = {Piasecka, Anna},
  issn         = {1972-5760},
  language     = {eng},
  number       = {2006},
  pages        = {73--94},
  publisher    = {Edizioni FrancoAngeli},
  series       = {Sociologia del Diritto},
  title        = {The Hidden Normative Process Behind the Construction of European Migration Policies},
  volume       = {3},
  year         = {2006},
}