The rule of law in the external dimension of EU migration and asylum policy

Organisational dynamics between legitimation and constraint

By Leonhard den Hertog

EU treaties leave no doubt that the rule of law is a 'universal value.' This value is not bound to remain internal; EU external relations should also be guided by the principle. However, a lack of conceptual and legal clarity on the principle makes it uncertain how this guides external relations. Therefore, the basic concern posed in this book is the role of EU law in EU external relations. More specifically, the book analyzes this role by focusing on the external dimension of EU migration and asylum policy. Over the years, the EU has developed this external dimension of an originally internal policy field. Measures - such as externalizing border control, the re-admission of migrants to third States, or the mobility opportunities for third country nationals - have been promoted. This relatively new area of EU external relations is characterized by a high degree of operational and human rights activities. This peculiar nature of the external dimension of migration and asylum policy presents challenges to legal adherence and to the discourse of the EU as a norm exporter. What can the role of values be in influencing policy-making in this particular policy area, often described as 'securitized?' The book examines the legal requirements of that principle in the field of migration and asylum policy. Specifically, three EU organizations - the Commission Directorate-General Home Affairs, Frontex, and the European External Action Service - are studied to uncover why the notions of and the adherence to the rule of law differ across their outputs. [Subject: EU Law, Human Rights Law, Migration Law, Asylum Law]


Publication Date: 12/1/2014
Format: Paper
ISBN: 9789462401815