Questioning legal personhood

Drawing on the works of Roberto Esposito and Jacques Rancière the paper seeks to unpack and revisit the notion of legal personhood and the correlated distinction between legal subjects and objects in contemporary EU law. Using the lens of asylum, its intended aim is to bridge the gap between the order of nature and that of the political community and, more specifically, the dual-faceted and opposing reality of individuals in relation to their ‘equality’ as humans in the order of nature and their ‘inequality’ within the social/political order. This first line of inquiry is tied in with a second set of questions focusing on ideas of justice and solidarity, which seeks to examine why the EU post-Lisbon still fails to constitute a valid platform for translating its own self-proclaimed commitments to human rights into justiciable normative claims. Finally, the paper explores ways for the EU to overcome this deficit by looking at some of the most recent proposals of EU asylum reform.