This article proposes a critical approach to European citizenship through the analysis of the legal dispositives which define the external borders of Europe in the context of EU enlargement. It examines the deterritorialization of the EU's external and internal borders through an analysis of the immigration laws of Poland, Romania and Bulgaria which have all been recently modified in order to meet the requirements of the Schengen aquis. By comparing these legislative changes with the legal mechanisms of colonial systems, the article suggests that the material process of the constitutionalization of EU citizenship highlights a post-colonial condition of the European polity.

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The rescue of migrants at sea has recently been tackled by authoritative acts that have led to an increasing criminalization of solidarity between and toward migrants. By drawing on the case of the Mediterranea platform of activists, this article argues that the notion of arbitrariness defined as a departure from the rule of law fails to capture the ongoing conflict at the borders of Europe. By highlighting its ambivalent meaning, arbitrariness appears instead either as an authoritative attempt to impose a different order on society or as a means to contrast unorderable acts of resistance to border regimes. The article advocates the importance of reframing the demand for open borders as a call for freedom of those who challenge the pragmatic order of borders.

The article reflects on the Italian experience of the Non Una di Meno (No One Less) feminist movement and the interconnection between the struggle against patriarchal violence and the struggle for the freedom of movement of migrants. By starting from the concrete and everyday battles of migrant women for the recognition of their freedom and their own paths to autonomy, the feminist movement has tried to construct a common battle against violence across borders, without hiding the ambivalences and difficulties that this entails. At the same time, the movement has attempted to develop a feminist perspective on migration that moves beyond merely considering the specificity of the condition of women within migration.