International Migration and State Sovereignty in an Integrating Europe

Abstract

This article examines the development of migration policy competencies of the European Union (EU) since the 1990s. It pays particular attention to pot icy framework that developed after the Maastricht and Amsterdam Treaties entered into effect in 1993 and 1999 respectively. In order to chart these developments, the article focuses on five analytical themes that illustrate key trends in EU migration policy. Reasons for and implications of shift from ''pillarization'' in the Maastricht Treaty to ''communitarization'' in the Amsterdam Treaty. Blurring of the distinction between external and internal security. The role that supranational institutions such as the European Commission are playing (or trying to play) in policy development. Debates about migrants' rights in an integrating Europe. Links between migration and EU enlargement. It is argued that far from weakening EU member states or symbolizing some ''loss of control'', EU cooperation and integration have thus far helped member states consolidate and reassert their ability to regulate international migration through the use of new EU-Ievel institutional venues. This raises legitimacy issues as the EU moves into politically sensitive policy areas. Although talk of ''fortress Europe'' is overblown, the EU is likely to face legitimacy challenges on both the ''input'' (democracy, openness and accountability of decision-making) and ''output'' (implementation and compliance) elements of decision-making.