The Development of the EU Migration and Asylum Regime

Abstract

This chapter examines the development of policy in Europe in order to provide a context for other chapters that discuss the European ‘migration machine’. The chapter provides a politico-legal perspective, and conceptualizes the development of the EU approach to migration and asylum since the late 1990s, demonstrating how it can be seen as constituent of an evolving and complex system. Our purpose here is to consider analytically the meaning and significance of the emerging EU framework on migration and asylum. We ask what kind of system the EU is able to develop and in what ways this is limited and constrained given the questions over EU competency and legitimacy in these areas. In order to do this we critically evaluate developments in the EU on the migration and asylum system, charting its course from Tampere, Finland (in 1999) through to Stockholm (in 2009). In each of the various phases of its development, we ask about the main ideas and arguments that have underpinned this process. How, for example, has the EU balanced security concerns over the openness of borders with demographic and economic arguments for more migrants? We then consider how these compare with the actual outputs and outcomes of the legislative process. The final section draws together our main findings, discusses the rationale for integration in this area and identifies the key characteristics of the developing EU framework on migration and asylum.