Tackling Europe's migration 'crisis' through law and 'new governance'

Research output: Contribution to journalArticle

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Abstract

It has become commonplace to regard the contemporary state of migration to Europe as a ‘crisis’. The European Union has been under pressure to respond effectively to this ‘crisis’, which has gone to the very top of its policy-making agenda. However, despite the legal powers the EU has to regulate migration, legislative measures appear to have declined as an appropriate response. Rather, a constant stream of policy documents has referred to ‘tools’ and ‘instruments’ which appear to fall outside the scope of legislative processes, and the democratic scrutiny which goes hand-in-hand with them. This article argues that the practices which are emerging from the institutions can be regarded as instances of ‘new governance’, which are found in other areas of EU activity. To do so highlights the risks associated with using non-legal tools to deal with an area where there are extremely important consequences for individuals. The policy recommendations highlight the need for vigilance to ensure that the EU’s stated values are not undermined in the quest for dealing with the migration ‘crisis’.
LanguageEnglish
Number of pages17
JournalGlobal Policy
Early online date14 Feb 2018
DOIs
Publication statusE-pub ahead of print - 14 Feb 2018

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EU
migration
governance
Law
vigilance
policy making
European Union
Europe
Governance
Values
policy
recommendation
need
legislative process
document
Policy making
Agenda

Keywords

  • migration
  • Europe
  • EU
  • legislative processes

Cite this

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abstract = "It has become commonplace to regard the contemporary state of migration to Europe as a ‘crisis’. The European Union has been under pressure to respond effectively to this ‘crisis’, which has gone to the very top of its policy-making agenda. However, despite the legal powers the EU has to regulate migration, legislative measures appear to have declined as an appropriate response. Rather, a constant stream of policy documents has referred to ‘tools’ and ‘instruments’ which appear to fall outside the scope of legislative processes, and the democratic scrutiny which goes hand-in-hand with them. This article argues that the practices which are emerging from the institutions can be regarded as instances of ‘new governance’, which are found in other areas of EU activity. To do so highlights the risks associated with using non-legal tools to deal with an area where there are extremely important consequences for individuals. The policy recommendations highlight the need for vigilance to ensure that the EU’s stated values are not undermined in the quest for dealing with the migration ‘crisis’.",
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Tackling Europe's migration 'crisis' through law and 'new governance'. / Cardwell, Paul James.

In: Global Policy, 14.02.2018.

Research output: Contribution to journalArticle

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