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Border procedures in the Commission’s New Pact on Migration and Asylum: A case of politics outplaying rationality?
Author(s) -
Cornelisse Galina,
Reneman Marcelle
Publication year - 2020
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12382
Subject(s) - rationality , commission , politics , pact , legislature , economic justice , political science , law and economics , european commission , balance (ability) , action (physics) , law , economics , sociology , european union , international economics , psychology , physics , quantum mechanics , neuroscience
This article demonstrates that the role of the European Commission in the area of asylum policy is characterised by an imbalance between politicisation and rationality. Politicisation of the role of the Commission is especially visible in its proposals for border procedures in the New Pact on Migration and Asylum. We show that the efficiency and effectiveness of these proposals are not supported by evidence or a thorough assessment of past EU action, as required by Better Regulation. The result is that they fail to address the structural problems that exist with regard to the implementation and application of EU law at external borders. The broken balance between politicisation and rationality in the legislative process leads to a prioritisation of security over freedom and justice. We argue that it needs to be compensated by a stronger role of the judiciary.