Rethinking law and new governance in the European Union: the case of migration management

Paul James Cardwell

Research output: Contribution to journal › Article

5 Citations (Scopus)

Abstract

This article proposes a way forward in the debate about law and new governance in the contemporary European Union. Migration management is used a prism through which we can see what is happening in a significant area of EU activity and re-evaluate new governance, both in terms of its opportunities, but also crucially, its dangers. A rethink on new governance and its application to external migration implies an alteration of the lenses by which we see migration, by uncoupling new governance from its synergy with ?good? governance and to instead consider that new governance may offer policy-makers opportunities to meet goals beyond legislative processes. The article does not argue that new governance should be used in migration management. Rather, by using governance as an explanatory concept and providing a critique, the contribution of the article is to highlight the potential dangers that new modes of governance may pose to transparency and legitimacy in the contemporary EU, especially if they are used to bypass legislative processes and avoid civic involvement.
LanguageEnglish
Pages362-378
Number of pages17
JournalEuropean Law Review
Volume41
Issue number3
Publication statusPublished - 1 Jun 2016

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migration
governance
Law
management
external migration
EU
synergy
transparency
legitimacy

Keywords

  • EU law
  • jurisprudence
  • migration
  • transparency

Cite this

Cardwell, Paul James. / Rethinking law and new governance in the European Union : the case of migration management. In: European Law Review. 2016 ; Vol. 41, No. 3. pp. 362-378.
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Cardwell, PJ 2016, 'Rethinking law and new governance in the European Union: the case of migration management' European Law Review, vol. 41, no. 3, pp. 362-378.

Rethinking law and new governance in the European Union : the case of migration management. / Cardwell, Paul James.

In: European Law Review, Vol. 41, No. 3, 01.06.2016, p. 362-378.

Research output: Contribution to journal › Article

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Cardwell PJ. Rethinking law and new governance in the European Union: the case of migration management. European Law Review. 2016 Jun 1;41(3):362-378.

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