Legal Responses to the European Union's Migration Crisis

Author(s)

Graham Butler

Details

Faculty editor: Michael Ramsey
Publication: International Law Journal
Volume: 19
Issue: 2
Start Page: 227
Month: May
Year: 2018
Type: Article
Subject Area: International Law
Instititional Repository (IR): View full article

Abstract

The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the issue. With thousands of people attempting to reach the shores of EU Member States, facing grave peril on their journey, such as the mass drownings in the Mediterranean Sea, the EU and its Member States cannot, and have not, stood idly by. Instead, decisive action on a number of fronts has become an imperative undertaking….