Abstract
Language | English |
---|---|
Pages | 362-378 |
Number of pages | 17 |
Journal | European Law Review |
Volume | 41 |
Issue number | 3 |
Publication status | Published - 1 Jun 2016 |
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Keywords
- EU law
- jurisprudence
- migration
- transparency
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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
TY - JOUR
T1 - Rethinking law and new governance in the European Union
T2 - European Law Review
AU - Cardwell, Paul James
PY - 2016/6/1
Y1 - 2016/6/1
N2 - 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.
AB - 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.
KW - EU law
KW - jurisprudence
KW - migration
KW - transparency
UR - http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968
M3 - Article
VL - 41
SP - 362
EP - 378
JO - European Law Review
JF - European Law Review
SN - 0307-5400
IS - 3
ER -