The Place of Numbers in Migration Debates
The governance of migration, in particular of asylum migration, is caught in the contrast between the political relevance of numbers, and the individuum-based structure of the law. For politics, it matters how many persons arrive, require shelter, enter procedures. For the legal assessment, however,...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
2024-03-01
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/the-place-of-numbers-in-migration-debates/ |
| _version_ | 1797278871112908800 |
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| author | Dana Schmalz |
| author_facet | Dana Schmalz |
| author_sort | Dana Schmalz |
| collection | DOAJ |
| description | The governance of migration, in particular of asylum migration, is caught in the contrast between the political relevance of numbers, and the individuum-based structure of the law. For politics, it matters how many persons arrive, require shelter, enter procedures. For the legal assessment, however, numbers mostly do not matter: The right not to be rejected at the border, the right to access an asylum procedure and to shelter during that procedure are individual rights that are independent from the overall number of arrivals. This contrast is visible in periodical debates about a maximum number of asylum seekers per year, or proposals to abolish the individual right to protection altogether. Such proposals disregard that individual rights to protection are enshrined not just in constitutional law, but also in European and international law, and for good reason. However, it is worth taking the perspective of numbers seriously – while respecting the individual right to protection. |
| first_indexed | 2024-03-07T16:14:23Z |
| format | Article |
| id | doaj.art-dd4e303cc0a1442e8df2275b91baaffb |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-03-07T16:14:23Z |
| publishDate | 2024-03-01 |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-dd4e303cc0a1442e8df2275b91baaffb2024-03-04T13:49:51ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442024-03-012366-704410.59704/5011453a499dc22fThe Place of Numbers in Migration DebatesDana SchmalzThe governance of migration, in particular of asylum migration, is caught in the contrast between the political relevance of numbers, and the individuum-based structure of the law. For politics, it matters how many persons arrive, require shelter, enter procedures. For the legal assessment, however, numbers mostly do not matter: The right not to be rejected at the border, the right to access an asylum procedure and to shelter during that procedure are individual rights that are independent from the overall number of arrivals. This contrast is visible in periodical debates about a maximum number of asylum seekers per year, or proposals to abolish the individual right to protection altogether. Such proposals disregard that individual rights to protection are enshrined not just in constitutional law, but also in European and international law, and for good reason. However, it is worth taking the perspective of numbers seriously – while respecting the individual right to protection.https://verfassungsblog.de/the-place-of-numbers-in-migration-debates/ImmigrationMigrationmigration lawRight to Asylum |
| spellingShingle | Dana Schmalz The Place of Numbers in Migration Debates Verfassungsblog Immigration Migration migration law Right to Asylum |
| title | The Place of Numbers in Migration Debates |
| title_full | The Place of Numbers in Migration Debates |
| title_fullStr | The Place of Numbers in Migration Debates |
| title_full_unstemmed | The Place of Numbers in Migration Debates |
| title_short | The Place of Numbers in Migration Debates |
| title_sort | place of numbers in migration debates |
| topic | Immigration Migration migration law Right to Asylum |
| url | https://verfassungsblog.de/the-place-of-numbers-in-migration-debates/ |
| work_keys_str_mv | AT danaschmalz theplaceofnumbersinmigrationdebates AT danaschmalz placeofnumbersinmigrationdebates |