CERIUM - Centre d'études et de recherches internationales
Séminaire transdisciplinaire

La complexe dynamique des migrations internationales

  2 février 2006
Conférence

Migration and the Challenge to National Sovereignty

Elspeth Guild (University of Nijmegen)

Ninth Session of
The Complex Dynamics of International Migration Interdisciplinary Seminar on the Conceptualization of the Migration Phenomenon 2005 2006 Scientific Seminar of the Canada Research Chair on International Migration Law

Thursday, february 2, 2006

"The right to define who are the citizens and who are the foreigners is often considered to be at the heart of national sovereignty. The idea that the liberal democratic state comprises a territory and bureaucracy which belong to its citizens (and its citizens to it) is embedded in the idea of sovereignty. The right of states to control their borders as regards the movement of persons and to refuse to entry to those who are not their nationals is, in international law, an expression of this conception. The European Union provides an interesting change in this type of thinking about the nature of sovereignty. From its first treaties in the mid 1950s, the principle fo free movement of persons was incorporated as one of the fundamental freedoms. The legal obligation on the Member States to make the Union an area without internal border controls on the movement of goods, persons, services and capital which was to be completed by 31.12.92 led to a dramatic rethinking in law and practice of the nature of border controls on movement of persons and the meaning of sovereignty. This lecture examined border controls and movement of persons in the European Union and what it means for the concept of soveriegnty in the Member States of the Union."

Elspeth Guild is Professor of European Immigration Law at the Radboud University of Nijmegen and partner at the London law firm Kingsley Napley. She is currently special adviser to the House of Lords Inquiry into European Economic Migration. She has published widely on the question of EU migration and asylum law and practice and acts as occasional adviser to a number of institutional actors including the European Commission, European Parliament and the ILO. Her most recent monograph in this area is The Legal Elements of European Identity : EU Citizenship and Migration Law, E Guild, Kluwer Law International, The Hague, 2004.

 
Elspeth Guild<br />41 minElspeth Guild is Professor of European Immigration Law at the Radboud University of Nijmegen and partner at the London law firm Kingsley Napley.
La complexe dynamique des migrations internationales
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