De la ‘crise’ migratoire européenne au pacte mondial sur les migrations : exemple d’un mouvement sans droit ?

Abstract

Far from being the consequence of exceptional and unforeseeable circumstances, the European migration ‘ crisis’ was the result of a refusal to acknowledge contemporary realities and of a lack of solidarity between member States of the European Union. In the short term, courts are generally holding the line by protecting the rights of migrants. The European Court of Justice remains quite strong in its defence of migrants’ rights regarding their treatment inside the territory of the Union. However, it is mostly absent regarding their treatment outside the territory of the Union, even when such treatment is prompted by the external dimension of European migration policies. Over the long term, however, States will need to collectively acknowledge the permanence through time of migration phenomena and develop selection and integration policies accordingly. At multilateral level, the Global Compact on Migration could serve as a road map to develop diversified mechanisms for governing migration while respecting the human rights of migrants. This will necessitate that such soft law evolves towards recognising the international obligations of States towards migrants, that courts protect the rights of all in all circumstances and that migrants themselves be empowered to fight for their rights.