International Cooperation on Migration Between the EU and Third Countries: Governing EU Borders in Invisible Spaces

Abstract

The article addresses the consequences of the externalisation of EU border policies on the legal and institutional dynamics that govern those policies. Drawing on the analysis of legal and policy documents and interviews, which were conducted with expert public servants among EU institutions and in one EU member state (Belgium), the article argues that EU border policies are increasingly governed by ‘regimes of invisibility’—which mainly involve expert public servants who cooperate with their counterparts in informal settings and through informal agreements. The article shows how the emergence of those ‘regimes of invisibility’ is deeply connected with the mainstreaming of migration through all components of the EU foreign policy. This leads to broader use of the tools from the foreign policy toolbox, which often rely on informal forms of cooperation, as well as to greater involvement of institutional actors beyond officials within interior ministries, such as diplomats. The article further makes an initial attempt to unpack these ‘regimes of invisibility’ by showing their underlying institutional tensions and dynamics. Therefore, it discusses how public servants, with different institutional background and knowledge, conflict and cooperate in shaping EU relations with third countries in the field.