from Part II - Resilience at the European Level
Published online by Cambridge University Press: 19 May 2022
This chapter aims to offer insights into the wider implications for the rule of law, including for the EU constitutional order, of the restrictions of migrants’ and asylum-seeker’ rights that follow from systematic noncompliance with the Common European Asylum System (CEAS) by certain Member States. It asks: Has the migration and asylum crisis developed into an EU constitutional crisis? There is a growing body of literature about the constitutional crisis of the EU. A rich debate also exists as to the failures of the CEAS. The chapter brings these two into conversation to demonstrate that migration governance plays a constitutive role for the EU. If the EU fails to treat the migration crisis as an EU constitutional crisis, it might risk disintegration and return to the national. This would take the evolution of the European project further away from its telos.
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