THE ECONOMIC ANALYSIS OF LAW AS AN ALTERNATIVE FOR THE DEFENCE OF INCLUSIVE MIGRATION POLICIES IN THE EUROPEAN UNION
THE ECONOMIC ANALYSIS OF LAW AS AN ALTERNATIVE FOR THE DEFENCE OF INCLUSIVE MIGRATION POLICIES IN THE EUROPEAN UNION

Author(s): RICARDO CHACCUR
Subject(s): Politics and society, Migration Studies, EU-Accession / EU-DEvelopment, Ethnic Minorities Studies, EU-Legislation, Asylum, Refugees, Migration as Policy-fields
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: economic analysis of law; migration policies; immigrant law; xenophobia;
Summary/Abstract: The migration of human beings from one territory to another is a phenomenon that has been part of all eras of history. The contact between peoples has contributed to the formation of the populations of modern nation states, with their cultural heritage as a result of these interactions. Since Globalisation and the Information Society, migratory flows have intensified mainly to countries in the northwest of the world, as in the case of the member countries of the European Union, creating a multicultural environment that is contested by nationalist discourse. This discourse, fueled by the spread of fear that immigrants could harm nationals and the development of the country, has led to the growth of xenophobia in all the countries of the European Union. Xenophobia has a significant negative impact on the attempt to integrate the immigrant into the community of the host state and goes against the objectives of the Treaty on the Functioning of the European Union. It also makes it difficult to achieve the goals set out in the 2030 Agenda, such as those recommended in SDG 10 (reducing inequalities) and SDG 16 (defending peace, access to justice and effective institutions). It should also be noted that the defense of inclusive migration policies and the fight against xenophobia is based on various normative instruments at global, regional and national levels, but so far, they have proved ineffective in dealing with and effectively combating this type of structural crime. Xenophobia has grown in recent years in countries that have also seen an increase in the number of mi-grants. Based on this observation and the fact that the world economy is governed by capitalist ideology, in which economic power acts as an influencer in political and legislative decision-making, this paper aims to present Richard Posner's Theory of the Economic Analysis of Law as an alternative in defense of inclusive migration policies in the European Union.

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