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William Abel, Elizabeth Kahn, Tom Parr, and Andrew Walton

This chapter argues against policies that restrict immigration. It contends that states should have open borders that allow an individual to move between political communities. The chapter begins by defending a presumption in favour of open borders that appeals to the value of freedom of movement. It then responds to those who deny that freedom of movement is sufficiently important to generate such a presumption, as well as to those who insist that states enjoy a prerogative over whether or not to grant an individual the opportunity to migrate. The chapter considers a range of objections that emphasize how open borders can jeopardize the security, economy, and culture of receiving states, showing that a proper concern for these values is consistent with borders that are largely (even if not fully) open.


11. Social Policy  

Between Legal Integration and Politicization

John Bachtler and Carlos Mendez

Social policy in the European Union (EU) is characterized by a fundamental puzzle: integration has happened despite member-state opposition to the delegation of welfare competences. While the policy has developed in small and modest steps, over time, this has led to a considerable expansion of the policy remit. Negative integration pushed by judicial decision-making is often regarded as a main driver for social integration. Positive integration through EU legislation is, however, just as defining for EU social policy, and politics is very evident when EU member states negotiate social regulation. More recently, the policy has been marked by deep politicization.