Ebbs and Flows of EU Migration Law and Governance: A Critical Assessment of the Evolution of Migration Legislation and Policy in Europe

IF 1.5 3区社会学 Q2 DEMOGRAPHY

European Journal of Migration and Law Pub Date : 2022-03-04 DOI:10.1163/15718166-12340119

Eleonora Frasca, Francesco Luigi Gatta

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Abstract

This Article summarises the complex ebbs and flows of EU migration law and policy. It is the result of an interdisciplinary research project called GLOBMIG, which includes a legal inventory that can be used by any reader or researcher. In the Article, we focus on the main outcomes observable from the inventory by taking several examples from EU legislation and case law that try to capture the evolution of migration law and governance in Europe during the last four decades. Key issues and their underlying dynamics are explored under three major trends: 1) State sovereignty vs migrants’ individual rights; 2) traditional law-making vs informal pragmatic governance; 3) unilateral vs multilateral migration governance. Each trend confirms the tension, but also the positive interaction, between competing interests as well as period of fluctuations between them. Two earmarks of EU migration law are taken into account: the internal and external dimension layout of migration and asylum law and the relationship between free movement of EU citizens and third country national immigration.

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Ebbs与欧盟移民法律和治理的流动：对欧洲移民立法和政策演变的批判性评估

本文总结了欧盟移民法律和政策的复杂起伏。这是一个名为GLOBMIG的跨学科研究项目的结果，该项目包括一个任何读者或研究人员都可以使用的法律清单。在这篇文章中，我们通过列举欧盟立法和判例法中的几个例子，重点关注清单中可观察到的主要结果，这些例子试图捕捉过去四十年欧洲移民法和治理的演变。从三个主要趋势探讨了关键问题及其潜在动力：1）国家主权与移民的个人权利；2）传统立法与非正式务实治理；3）单边与多边移民治理。每一种趋势都证实了相互竞争的利益之间的紧张关系，但也证实了它们之间的积极互动，以及它们之间的波动期。考虑了欧盟移民法的两个特点：移民和庇护法的内外维度布局以及欧盟公民的自由流动与第三国国家移民之间的关系。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Journal of Migration and Law Multiple-

CiteScore

2.70

自引率

10.00%

发文量

期刊介绍： The European Journal of Migration and Law is a quarterly journal on migration law and policy with specific emphasis on the European Union, the Council of Europe and migration activities within the Organisation for Security and Cooperation in Europe. This journal differs from other migration journals by focusing on both the law and policy within the field of migration, as opposed to examining immigration and migration policies from a wholly sociological perspective. The Journal is the initiative of the Centre for Migration Law of the University of Nijmegen, in co-operation with the Brussels-based Migration Policy Group.