Between "Administrative Mindset" and "Constitutional Imagination": The Role of the Court of Justice in Immigration, Asylum and Border Control Policy

被引:0
作者
Thym, Daniel [1 ,2 ]
机构
[1] Univ Konstanz, European & Int Law, Constance, Germany
[2] Univ Konstanz, Res Ctr Immigrat & Asylum Law, Constance, Germany
关键词
Constitutionality; European Court of Justice; Human rights; Immigration policy; Judicial decision-making; EU LAW; EUROPEAN INTEGRATION; MIGRATION; RIGHTS; LIMITS; SOLIDARITY;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Court of Justice is a central actor. It is the subject of many studies, most of which concentrate on the internal market or citizenship. By contrast, the role of judges in migration law is rarely discussed, although the policy field is politically contested and features prominently in recent case law. That is why this contribution takes a bird's eye view of the role of the ECJ in that domain. It critically assesses a concern about "judicial passivism" among academic observers and demonstrates that there are good constitutional reasons why judges act carefully in migratory matters. Closer inspection of several dozen prominent judgments on migration shows that most of them are defined by an "administrative mindset": they focus on statutory interpretation and seek to realise the position of the legislature. Any move towards a more ambitious "constitutional imagination" would require feedback loops between legal developments, political processes and broader societal debates.
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收藏
页码:139 / 158
页数:20
相关论文
共 119 条
  • [1] Adams Maurice., 2013, Judging Europe's Judges: The Legitimacy of the Case Law of the European Court of Justice
  • [2] [Anonymous], QUESTIONING EU CITIZ
  • [3] [Anonymous], ICON
  • [4] [Anonymous], RESIDENCE EMPLOYMENT
  • [5] [Anonymous], JEMS
  • [6] [Anonymous], RTD EUR
  • [7] [Anonymous], QUESTIONING EU CITIZ
  • [8] [Anonymous], 2015, HUMANS BECOME MIGRAN
  • [9] [Anonymous], WORLDS EUROPEAN CONS
  • [10] [Anonymous], J DROIT EUROPEEN