chapter  4
16 Pages

Discovering the 'New' Europe

This chapter argues that the displacement of the refugees' claims against territory is rationalised on the basis of what is presumed to be their inability to cultivate or nurture the new European space. In the 'new' Europe, the option or right of voyage and discovery extends beyond the European elite to the ordinary Union citizen or at least the market citizen. The European Court of Justice declined to consider whether Sala was a worker within the terms of Art 39, concluding that she had been unlawfully discriminated against on the grounds of rights accrued under the citizenship provisions. The new European space is one to be exploited to maximum economic advantage by the new discoverers or crusaders. One feature that stands out from the age of European colonisation is that an extreme relation to territory has served to disqualify certain individuals or groups from acquiring or retaining rights associated with land.