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Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

Legality, Rule of Law and Fundamental Rights Reconsidered Edited by Sergio Carrera, Professor, Migration Policy Centre (MPC), European University Institute (EUI), Florence, Italy, Senior Research Fellow and Head of Justice and Home Affairs Programme, CEPS, Visiting Professor, Paris School of International Affairs (PSIA), Sciences Po, France, Associate Professor, Faculty of Law in Maastricht University, the Netherlands and Honorary Industry Professor, School of Law, Queen Mary University of London, UK, Juan Santos Vara, Professor of Public International Law and European Law, Jean Monnet Chair in EU External Action, Director of the Master in European Studies and Coordinator of the European Joint Master’s in Strategic Border Management (Frontex), University of Salamanca, Spain and Tineke Strik, Associate Professor Migration Law, Centre for Migration Law, Radboud University, the Netherlands and member of the Parliamentary Assembly of the Council of Europe
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
Extent: c 336 pp
Hardback Price: $155.00 Web: $139.50
Publication Date: 2019
ISBN: 978 1 78897 247 5
Availability: Not yet published (pre-order)
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  • Law - Academic
  • European Law
  • Human Rights
  • Law and Society
  • Legal Theory
  • Social Policy and Sociology
  • Migration
This discerning book examines EU migration and asylum polices in times of crisis by assessing old and new patterns of cooperation in EU migration management policies in the scope of third-country cooperation. The case studies explored reveal that there has been a clear tendency and strategy to move away from or go outside the decision making rules and institutional principles enshrined in the Lisbon Treaty to advance third country cooperation on migration management. It explores the implications of and effects of the adoption of extra-Treaty instruments and patterns of cooperation in the light of EU rule of law and fundamental rights principles and standards. The book, examines the ways in which ‘the politics of migration crisis’ and their patterns of cooperation and legal/policy outcomes evidenced since 2015 affect and might even undermine EU’s legitimacy in these policy areas.

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis will be a key resource for academics and students focussing on EU Law and migration more specifically. Timely and engaging, it will also appeal to policy- makers, legal practitioners and international organisation representatives alike.
‘Whereas certain EU measures responding to the migration and asylum crisis, not least the EU–Turkey “Statement” of March 2016, took observers by surprise, these actions are more accurately understood as part of a well-established tendency in EU cooperation with third countries on migration control. This volume offers a thought-provoking account of this tendency, pointing to its conceptual link to “crisis labelling” and to the constitutional challenges it poses to the Union principles of democracy, the rule of law and fundamental rights.’
– Jens Vedsted-Hansen, Aarhus University, Denmark

‘This highly topical book deals deeply with the fundamental issues raised by the external dimension of EU law in the field of migration. Combining historical and contemporary approaches, it proposes an original modelling of possible external co-operation in accordance with the rule of law. The authors are among the best specialists in these topics in Europe.’
– Jean-Sylvestre Bergé, Côte d’Azur University and University Institute France, France

‘The external dimensions of EU migration policies can result in serious violations of the human rights of migrants, out of reach of EU human rights watchdogs. If the EU is to retain its reputation as a rule-based human-rights-respecting polity, such external dimensions need proper oversight and sharp critical assessment. This book provides a first and often damning evaluation of this complex policy field, but also outlines ways in which the EU could adopt a more “comprehensive approach” to migration policies. An essential read’
– François Crépeau, McGill University, Canada
Contributors: I. Adam, S. Carrera, L. den Hertog, K. Eisele, E. Fahey, P. Garcia Andrade, M. Gatti, A. Gómez Arana, J.A. González Vega, K. Groenendijk, S. McArdle, V. Mitsilegas, A. Ott, M. Panizzon, N. Reslow, J. Santos Vara, M. Stefan, T. Strik, F. Tittel-Mosser, F. Trauner

Contents:

1. The external dimensions of EU migration and asylum policies in times of crisis
Sergio Carrera, Juan Santos Vara and Tineke Strik

PART I EU EXTERNAL MIGRATION POLICIES: NEW AND OLD DYNAMICS
2. Soft international agreements on migration cooperation with third countries: a challenge to democratic and judicial controls in the EU
Juan Santos Vara
 
3. EU external competences on migration: which role for mixed agreements?
Paula García Andrade
 
4. Migration deals and responsibility sharing: can the two go together?
Tineke Strik
 
5. Non-refoulement at risk? Asylum’s disconnection mechanisms in recent EU practice
Javier A. González Vega

6. Transformation or continuity? EU external migration policy in the aftermath of the migration crisis
Natasja Reslow
 
7. Hyper-legalisation and de-legalisation in the AFSJ: on contradictions in EU external migration law
Elaine Fahey

PART II EU CRISIS-LED PATTERNS OF COOPERATION IN LIGHT OF EU RULE OF LAW
8. The EU’s readmission policy: of agreements and arrangements
Katharina Eisele

9. The EU-Turkey deal. Reversing ‘Lisbonisation’ in EU migration and asylum policies
Sergio Carrera, Leonhard den Hertog and Marco Stefan

10. The EU-Turkey Statement: legal nature and compatibility with EU institutional law
Mauro Gatti and Andrea Ott

11. Insights from agreements on migration between the EU and Turkey?
Kees Groenendijk

12. The EU-Jordan Compact in a Trade Law Context: Preferential Access to the EU Market to ‘Keep Refugees in the Region’
Marion Panizzon

13. Mobility partnerships: a tool for the externalisation of EU migration policy? A comparative study of Morocco and Cape Verde.
Fanny Tittel-Mosser

14. Ghana and EU migration policy: studying an African response to the EU’s externalisation agenda
Ilke Adam and Florian Trauner

15. The EU and the migration crisis: reinforcing a security based approach to migration?
Arantza Gomez Arana and Scarlett McArdle
 
16. Extraterritorial immigration control, preventive justice and the rule of law in turbulent times: Lessons from the Anti-Smuggling Crusade
Valsamis Mitsilegas

Index