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CORDIS

Controlling Escapes from Law. Re-designing accountability in the externalisation of migration control policies.

Project description

Mapping externalisation practices and accountability of EU migration control

The lack of successful reforms of the internal dimension of migration policies creates fertile ground for the proliferation of policies of migration control externalisation. Recent externalisation practices observed in Europe point to the creation of governance avenues characterised by a transfer of functions and responsibilities to third-country organs and/or the delocalisation of control practices to third-country territories. In this way, European law is being set aside. The EU-funded X-LAW project therefore aims to map the externalisation practices and conceptualise their specific features. It will then analyse the legal consequences of these practices and focus on accountability mechanisms for the transnational governance systems created.

Objective

The lack of successful reforms of the internal dimension of migration policies, as witnessed by the stalemate of the recast of the ‘Dublin Regulation’ and by the disappointing fate of ‘relocation schemes’ for migrants across Member States, creates a fertile ground for proliferation of policies of externalisation of migration controls. These aim at creating transnational governance structures geared at sharing the administration of the preventive containment of migration flows directed to Europe. In the words of a layman, Europe pays to keep migrants away from its territories (see EUObserver article ‘Will the EU continue paying to keep migrants away?’, 9/9/2019).
The informalisation of readmission and cooperation agreements with third states, the increased relevance of executive governance actors in border controls, the cooperation with Third Country governments in operational settings (information-sharing for risk analysis, return operations) are trends growing exponentially.
These recent externalisation practices suggest the creation of governance avenues characterised by a transfer of functions and responsibilities to third-country organs and/or delocalisation of control practices to third-country territories. In this way law, European law specifically, is being set aside (X-LAW).
In a first phase, the described tendencies will be mapped and their specific features will be conceptualised. In the second part, the project will analyse the legal consequences of externalisation practices previously mapped. In the third part, the project will focus on accountability mechanisms for the transnational governance systems created.
X-LAW is relevant for the Work Program 13: ‘Europe in a changing world’ of the H2020 Work Programme 2018-2020, in particular for the calls Migration 02-2018 and Migration 07-2019.

Coordinator

EUROPEAN UNIVERSITY INSTITUTE
Net EU contribution
€ 175 673,28
Address
VIA DEI ROCCETTINI 9
50014 Fiesole
Italy

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Region
Centro (IT) Toscana Firenze
Activity type
Higher or Secondary Education Establishments
Links
Total cost
€ 175 673,28