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Soft Enforcement of EU Migration Law

Project description

The ‘soft’ enforcement in EU migration policy

Immigration is one of the most divisive issues in Europe today, and enforcing common EU policy is equally contentious. Member States have struggled to agree on clear, cohesive policies, while traditional enforcement methods like legal proceedings brought by the European Commission before the Court of Justice have proved slow. With this in mind, the ERC-funded SoftEn project aims to explore a quieter shift in enforcement. It will analyse how EU institutions are increasingly turning to mechanisms such as peer reviews, oversight bodies and administrative accountability processes within migration agencies. It will combine legal analysis with empirical research to show how these soft approaches shape migration governance, and whether they can make EU law more effective.

Objective

This project will establish soft enforcement of EU migration law as a new research field in which legal and political science scholars will be equally active. Migration is a salient issue for the EU, and we are witnessing deep shifts in the implementation and enforcement landscapes of EU migration law. Traditional enforcement methods, such as Court of Justice proceedings initiated by the European Commission against Member States, have met their limit. Soft enforcement is becoming a flexible and politically palatable alternative. For example, Fundamental Rights Offices have been established within EU migration agencies that operationalise novel Ombuds-type administrative accountability processes, and a peer review mechanism, run jointly by the Commission and Member States, has been integrated with the Schengen area of free movement.

SoftEn conceptualizes soft enforcement and unlocks the black box of its operationalisation in the context of migration. It brings together theoretical insights from legal and political science on governance, enforcement, and accountability, combining legal analysis with empirical qualitative methods. Its groundbreaking nature lies in three characteristics. First, the project will generate a new interdisciplinary, legally grounded and empirically informed theory of soft enforcement in the migration context. Second, it will generate datasets on soft enforcement along three axes (steering policy implementation; supervising policy implementation; and ensuring actor accountability) across the EU’s migration policies. Moving beyond ‘law on the books’, it will also generate unique qualitative empirical insights at EU and selected national levels. Third, it will generate a new evidence-informed governance framework for soft enforcement that can impact the work of public institutions at EU and national levels, and ultimately, individuals.

Fields of science (EuroSciVoc)

Keywords

Programme(s)

Topic(s)

Funding Scheme

HORIZON-ERC - HORIZON ERC Grants

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Call for proposal

(opens in new window) ERC-2024-STG

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Host institution

UNIVERSITEIT MAASTRICHT
Net EU contribution
€ 1 500 000,00
Address
MINDERBROEDERSBERG 4
6200 MD Maastricht
Netherlands
Region
Zuid-Nederland Limburg (NL) Zuid-Limburg
Activity type
Higher or Secondary Education Establishments
Links
Total cost
€ 1 500 000,00

Beneficiaries (1)