Bifurcation of people, bifurcation of law: externalization of migration policy before the EU Court of Justice
Year: 2017
Type: article
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.
Source: Journal of Refugee Studies
DOI: 10.1093/jrs/fex038
Author: Thomas Spijkerboer
Institution: Vrije Universiteit Amsterdam
Language: English
Topic: European Law and Migration
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2768217817