City Research Online

Abstract

It has become commonplace to regard the contemporary state of migration to Europe as a ‘crisis’. The European Union has been under pressure to respond effectively to this ‘crisis’, which has gone to the very top of its policy making agenda. However, despite the legal powers the EU has to regulate migration, legislative measures appear to have declined as an appropriate response. Rather, a constant stream of policy documents has referred to ‘tools’ and ‘instruments’ which appear to fall outside the scope of legislative processes, and the democratic scrutiny which goes hand-in-hand with them. This article argues that the practices which are emerging from the institutions can be regarded as instances of ‘new governance’, which are found in other areas of EU activity. To do so highlights the risks associated with using non-legal tools to deal with an area where there are extremely important consequences for individuals. The policy recommendations highlight the need for vigilance to ensure that the EU's stated values are not undermined in the quest for dealing with the migration ‘crisis’.

Publication Type:	Article
Additional Information:	© 2018 University of Durham and John Wiley & Sons, Ltd. This is the peer reviewed version of the following article: Cardwell, P. J. (2018). Tackling Europe's Migration ‘Crisis’ through Law and ‘New Governance’. Global Policy, 9(1), pp. 67-75, which has been published in final form at https://doi.org/10.1111/1758-5899.12537. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. This article may not be enhanced, enriched or otherwise transformed into a derivative work, without express permission from Wiley or by statutory rights under applicable legislation. Copyright notices must not be removed, obscured or modified. The article must be linked to Wiley’s version of record on Wiley Online Library and any embedding, framing or otherwise making available the article or pages thereof by third parties from platforms, services and websites other than Wiley Online Library must be prohibited.
Subjects:	J Political Science > JN Political institutions (Europe) K Law
Departments:	The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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