Bifurcation of Mobility, Bifurcation of Law. Externalization of Migration Policy Before the EU Court of Justice

Journal of Refugee Studies, Forthcoming

23 Pages Posted: 17 Oct 2017 Last revised: 12 Dec 2017

Thomas Spijkerboer

VU University Amsterdam - Faculty of Law

Date Written: October 16, 2017

Abstract

The externalization of European migration policy has resulted in a bifurcation of global human mobility, which is divided along a North/South axis. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. These cases concern core elements of externalization, being third country agreements (the EU-Turkey Statement of March 2016) and visa requirements for refugees. This article seeks to analyze these judgments in the context of the broader developments in European migration law and policy. The core argument developed here is that the bifurcation of human mobility is reflected in a bifurcation of law. Excluded people are not merely to be excluded from European territory, but also from European law.

Keywords: asylum, refugees, externalization

Suggested Citation

Spijkerboer, Thomas, Bifurcation of Mobility, Bifurcation of Law. Externalization of Migration Policy Before the EU Court of Justice (October 16, 2017). Journal of Refugee Studies, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3053891

Thomas Spijkerboer (Contact Author)

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands
+31 20 598 6274 (Phone)

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