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Rethinking law and new governance in the European union: The case of migration management

Cardwell, P. J. ORCID: 0000-0002-7485-3474 (2016). Rethinking law and new governance in the European union: The case of migration management. European Law Review, 41(3), pp. 362-378.

Abstract

This article proposes a way forward in the debate about law and new governance in the contemporary EU. Migration management is used a prism through which we can see what is happening in a significant area of EU activity and re-evaluate new governance, in terms of both its opportunities, but also, crucially, its dangers. A rethink on new governance and its application to external migration implies an alteration of the lenses by which we see migration, by uncoupling new governance from its synergy with "good" governance and to instead consider that new governance may offer policy-makers opportunities to meet goals beyond legislative processes. The article does not argue that new governance should be used in migration management. Rather, by using governance as an explanatory concept and providing a critique, the contribution of the article is to highlight the potential dangers that new modes of governance may pose to transparency and legitimacy in the contemporary EU, especially if they are used to bypass legislative processes and avoid civic involvement.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in European Law Review following peer review. The definitive published version is available online on Westlaw UK.
Publisher Keywords: EU law; Jurisprudence; Migration; Transparency
Subjects: J Political Science > JN Political institutions (Europe)
K Law
Departments: The City Law School > Academic Programmes
Date available in CRO: 17 Aug 2021 13:24
Date deposited: 17 August 2021
Date of first online publication: 1 June 2016
URI: https://openaccess.city.ac.uk/id/eprint/26606
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