Abstract
In the past 25 years, European migration policy has been externalized, resulting in a bifurcation of human movement. This has become clearly visible in the context of Syrian refugees. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. This article seeks to analyse these judgments in the context of the broader developments in European migration law and policy. The core analysis developed here is that the bifurcation of human movement is reflected in a bifurcation of law. Excluded people are to be excluded not merely from European territory, but also from European law.
| Original language | English |
|---|---|
| Pages (from-to) | 216-239 |
| Number of pages | 24 |
| Journal | Journal of Refugee Studies |
| Volume | 31 |
| Issue number | 2 |
| Early online date | 8 Dec 2017 |
| DOIs | |
| Publication status | Published - 1 Jun 2018 |
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Keywords
- EU-Turkey statement
- European Union
- Externalization
- Humanitarian visa
Cite this
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Bifurcation of people, bifurcation of law : Externalization of migration policy before the EU Court of Justice. / Spijkerboer, Thomas.
In: Journal of Refugee Studies, Vol. 31, No. 2, 01.06.2018, p. 216-239.Research output: Contribution to Journal › Article › Academic › peer-review
TY - JOUR
T1 - Bifurcation of people, bifurcation of law
T2 - Externalization of migration policy before the EU Court of Justice
AU - Spijkerboer, Thomas
PY - 2018/6/1
Y1 - 2018/6/1
N2 - In the past 25 years, European migration policy has been externalized, resulting in a bifurcation of human movement. This has become clearly visible in the context of Syrian refugees. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. This article seeks to analyse these judgments in the context of the broader developments in European migration law and policy. The core analysis developed here is that the bifurcation of human movement is reflected in a bifurcation of law. Excluded people are to be excluded not merely from European territory, but also from European law.
AB - In the past 25 years, European migration policy has been externalized, resulting in a bifurcation of human movement. This has become clearly visible in the context of Syrian refugees. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. This article seeks to analyse these judgments in the context of the broader developments in European migration law and policy. The core analysis developed here is that the bifurcation of human movement is reflected in a bifurcation of law. Excluded people are to be excluded not merely from European territory, but also from European law.
KW - EU-Turkey statement
KW - European Union
KW - Externalization
KW - Humanitarian visa
UR - http://www.scopus.com/inward/record.url?scp=85048945059&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85048945059&partnerID=8YFLogxK
U2 - 10.1093/jrs/fex038
DO - 10.1093/jrs/fex038
M3 - Article
VL - 31
SP - 216
EP - 239
JO - Journal of Refugee Studies
JF - Journal of Refugee Studies
SN - 0951-6328
IS - 2
ER -