Bifurcation of people, bifurcation of law: Externalization of migration policy before the EU Court of Justice

Thomas Spijkerboer*

*Corresponding author for this work

Research output: Contribution to JournalArticleAcademicpeer-review

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 languageEnglish
Pages (from-to)216-239
Number of pages24
JournalJournal of Refugee Studies
Volume31
Issue number2
Early online date8 Dec 2017
DOIs
Publication statusPublished - 1 Jun 2018

Keywords

  • EU-Turkey statement
  • European Union
  • Externalization
  • Humanitarian visa

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