EU External Competences in the Field of Migration: How to Act Externally When Thinking Internally
Abstract
--- This article reviews the rules relating to the existence and nature of EU
external competences, as deduced from ECJ case law and its Treaty
codification, and considers their application to the different dimensions of
migration, such as readmission, borders, visas, and legal migration. The
analysis is complemented by an assessment of some competence-related
issues arising out of the recourse by the EU to courses of action additional
to the specific exercise of its external competences on migration.
Particular emphasis is placed on the use of EU development cooperation
policy and CFSP powers to achieve migration management purposes; the
EU powers for the international implementation of the migration clauses
of association agreements; as well as the competence controversies
ensuing from the adoption of soft law instruments for migration
cooperation with EU partners