Border Procedures in the Commission’s New Pact on Migration and Asylum: A Case of Politics Outplaying Rationality?

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

This article demonstrates that the role of the European Commission in the area of asylum policy is characterised by an imbalance between politicisation and rationality. Politicisation of the role of the Commission is especially visible in its proposals for border procedures in the New Pact on Migration and Asylum. We show that the efficiency and effectiveness of these proposals are not supported by evidence or a thorough assessment of past EU action, as required by Better Regulation. The result is that they fail to address the structural problems that exist with regard to the implementation and application of EU law at external borders. The broken balance between politicisation and rationality in the legislative process leads to a prioritisation of security over freedom and justice. We argue that it needs to be compensated by a stronger role of the judiciary.
Original languageEnglish
Pages (from-to)181-198
Number of pages18
JournalEuropean Law Journal
Volume26
Issue number3-4
Early online date7 May 2021
DOIs
Publication statusPublished - Jul 2021

Fingerprint

Dive into the research topics of 'Border Procedures in the Commission’s New Pact on Migration and Asylum: A Case of Politics Outplaying Rationality?'. Together they form a unique fingerprint.

Cite this