Abstract

Boaventura de Sousa Santos treated Tilburg University to a colorful and rich pallet of topics during his Montesquieu lecture that prompted self-reflection and critical review of the role of law in our western societies. He argued that the way the law functions today leads to the creation of an abyssal line that creates radical exclusions. Although critical of the role of law and the legal regime in western societies, he encourages us, lawyers of the 21st century, to reform and further develop the law in such a way that it is built on democratic pluralism, interculturality and dignity and as such contributes to a more inclusive society. In this short reflection on de Sousa Santos’ Lecture, I highlight some examples and situations that show how rules and procedures of Western societies can have detrimental effects on large groups of refugees and migrants.

Highlights

  • Professor Boaventura de Sousa Santos treated Tilburg University to a colorful and rich pallet of topics during his Montesquieu lecture that prompted selfreflection and critical review of the role of law in our western societies

  • Boaventura de Sousa Santos treated Tilburg University to a colorful and rich pallet of topics during his Montesquieu lecture that prompted self-reflection and critical review of the role of law in our western societies. He argued that the way the law functions today leads to the creation of an abyssal line that creates radical exclusions

  • He argued that the way the law functions today leads to the creation of an abyssal line that creates radical exclusions.[1]

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Summary

Introduction

Professor Boaventura de Sousa Santos treated Tilburg University to a colorful and rich pallet of topics during his Montesquieu lecture that prompted selfreflection and critical review of the role of law in our western societies. The idea to alleviate the pressure on Greece and Italy by relocating 160,000 refugees was initially to be applauded, the way in which it is implemented is disappointing both from the side of the eu Member States and the European Commission Imposing formal criteria such as the 75% recognition rate shows the arbitrariness of the system. 3.2 Europe’s Resettlement Policy As agreed in the eu-Turkey Statement, Council Decision (eu) 2016/1754 of 29 September 2016 created the option for eu Member States to resettle Syrian refugees in need of international protection directly from Turkey and made 54,000 places available for this purpose. This number was reduced from the 160,000 relocation places agreed previously. This is what Santos would call his second monster, namely institutions operating extra-institutionally.[20]

Urban Refugees
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