Today’s controversies about territorial access and rights of refugees and the cohesion of the nation-state can be traced back to the Declaration of the Rights of Man and of the Citizen and Kant’s ideas about hospitality. Seyla Benhabib has argued that the resulting dilemma can be softened and bridged through “democratic iterations,” and that the EU deliberation offers a suitable perspective. However, the complex construction of the EU asylum framework has led to a paradox of highly regulated rights and closed borders, and to disappointment and opposition. The sudden opening of borders and free choice for the Ukrainian victims of Russian aggression open a new perspective to address the dilemma, in line with EU principles of free choice and openness.
