ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

70 CONSTITUTIONAL IDENTITY
IN TIMES OF GLOBAL MIGRATION
This panel seeks to address under what conditions, if
any, could policies like public marking of immigrants,
the seizure of their assets, closing of state borders, be
justified? What sort of political demography would be
in line with liberal-democratic understanding of constitutional
identity? Is a nascent EU constitutional identity
dissolving in the absence of a common politics towards
the immigration crisis?
Participants
Name of Chair
Room
Miodrag Jovanović
Vito Breda
David Marrani
Luis Ignacio Gordillo Pérez
UL6 2070A
outside cannot come in: the door is shut. It removes
something or someone. Exclusion is a door that we
close after sending people out. We remove someone
we do not want to stay in the space. What condition
the relationship between the two spaces is based on
history and politics and regulated by law including
constitution. The theme of exclusion in France is articulated
around nationality citizenship and immigration.
I will argue that the most effective exclusion is
de facto exclusion and that using de jure exclusion is
only a gimmick to satisfy the need of political control
from an executive in end of reign.
Miodrag Jovanović: Handling Massive Immigration
Inflows: Between Liberal-Democratic
Constitutional Identity and Illiberal Demographic
Politics
Rosenfeld’s liberal-democratic account of constitutional
identity is premised on the idea of a moreless
stable, even if heterogeneous, societal subject
which is to be politically constituted. On this view,
even the constitutional norms regarding citizenship,
immigration and demographic politics count
with predictable and manageable flows of people
across the borders. However, how does this view of
constitutional identity fare in times of massive global
migrations, which has triggered across old and new
liberal-democracies some highly challenging policies,
such closing of state borders.
Vito Breda: A Shrinking Vision for European
Constitutional Identities: the Mass Exodus of
Refugees, the Ginevra Convention, and a
legitimation crisis
In this paper, I will argue that some of the European
constitutional ideals are obfuscated by what Habermas
calls a legitimation crisis (1973). The European states’
shared aspiration of being a model of a reasonably
liberal democracy has been grinded away by a combination
of fiscal policies which underpin an implausible
welfare state, the rising of ethnocentric nationalism,
and the lack of a communal European vision.
David Marrani: The French Constitution “Post
Terror” Attacks: The Return of the Old Ghost of
de jure exclusion
Exclusion may be a door between two spaces that
opens from one space into the other in both directions.
If we consider movement of population from one
place to another, when the door is opened the event
takes place. When it is closed the event is blocked and
cannot happen. Exclusion forbids the entering and
prevents the event from happening. Those who are
Concurring panels 111