Homocentric Approach and Migration: Challenges in Transnational Constitutionalism

Abstract

For more than a hundred years , citizenship, passporting, migration and freedom of movement of persons acquired new shades in the context of transnational constitutionalism. The spread of COVID-19 around the world requires a geopolitical, legal and strategic rethinking of the passport as a standardized written (machine) visual personalized anthropometric proof of citizenship. The purpose of the article is to try to outline the objectification of people-centrism and migration in the context of modern transnational constitutionalism. Comprehensive disclosure of modern challenges of migration, taking into account the argumentation of its human-dimensional and universal character is the primary task of this article. Relevant analytical and statistical expert reports and forecasts give a clear attitude towards the further modernization of the concept of citizenship and human-centeredness of migration. The spectrum of applied methods in the research -from analysis to comparative and statistical. The COVID-19 pandemic gave impetus to the transformation of the concept of freedom of movement of a person and free choice of residence in the European Union. The introduction of mandatory use of vaccination certificates increased the freedom of movement of persons, but did not guarantee the security of personal data, non-interference in privacy, prohibition of contact and individual tracking. The presence of a passport as proof of the bearer's citizenship and a visa (if necessary) is no longer sufficient to exercise freedom of movement. Migration risks and the declaration of martial law in Ukraine in 2022 caused a complete rethinking of the fundamental principles of constitutionalism in the context of ensuring the rule of law and democracy.