Abstract

An effective european migration law, with ever more precise substantive rules, is slowly emerging. like international migration law, it accommodates numerous informal fora where soft law is being elaborated. However, contrary to the international framework, this european migration law contains formal provisions which can be judicially controlled or implemented in order to maintain a proper balance between competing interests : territorial sovereignty and human rights. there is need for Europe, as well as for the Global north in general, to associate countries of origin to a policy of migration management (and not simply repression), and for domestic judicial control to also be efficient.

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