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The process of ‘Schengenizing’ the law on immigration and asylum matters and the tensions generated by the intergovernmental pattern of cooperation, in the context of the European Union, have had negative effects upon the principles underpinning the European polities and the identities of their citizens and residents. A principled, enlightened and non-restrictive Union immigration policy would have to be based on the questioning of states ‘right’ to exclude aliens and on an alternative way of thinking about immigration. This entails ‘constitutionalization’ of immigration in the European Union and the creation of partnership arrangements among political units in supranational, national and subnational environments.
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