Tensions between national and supranational policy responses to irregular migration and the attendant effect on EU migration governance : assessing and illustrating this impact through the EU refugee crisis case study

Abstract

Irregular migration in the European Union (EU) dominates the current EU political agenda. EU member states, however, are not all affected to the same degree, giving rise to political friction over how to deal with the challenges of this phenomenon. This study deals precisely with this aspect, that is, how the different EU policy approaches to irregular migration impact on the relations between EU member states and institutions, as well as on EU migration governance. Previous studies have, for the most part, focused on the humanitarian dimension, i.e, the adverse impact of EU policy responses on the human rights of asylum seekers and migrants. Adopting a primarily qualitative research paradigm including a case study approach and employing various theoretical approaches, the study contributes to the literature on irregular migration in the EU and fills a knowledge gap on EU asylum and migration policymaking in the context of governance issues. It finds that despite significant divergence between EU policy approaches, EU member states and institutions are increasingly converging towards a common goal: to prevent irregular migration. Hence, an apparent paradox emerges, arguably linked to the rise of right-wing populist parties gaining ground across Europe, which I call ‘negative harmonisation’. This means that EU actors are converging, however, towards restrictive policies rather than the objective of creating a ‘level playing field’ whereby asylum seekers would receive similar treatment and the same outcome on their asylum application. This indicates that EU asylum and migration policymaking exhibits contradictory tendencies in that it comprises both deep divisions over developing a common approach to irregular migration and unity in preventing it, reflected in the prevailing focus on the ‘securitisation of migration’. More importantly, EU failure to develop a common approach has resulted in a litmus test for the future of Schengen and possibly even that of the entire European project.