The Janus Face of EU Migration Governance: Impairing democratic governance at home – improving it abroad?

Abstract

In the field of European Union (EU) migration policies, a large number of legal, administrative, and institutional tightening measures have been established in the name of domestic security since the early 1990s. These measures have been criticized because they allegedly lower the democratic quality of EU migration governance. Yet, the EU seeks to export its rules and regulations beyond its borders to neighbouring third states through its association policies. This article argues that what may be seen as a step back in terms of democratic governance inside the EU may present a step forward in its authoritarian Southern neighbourhood. It explores whether the rules of EU migration can constitute a step toward democratization of migration governance in neighbouring countries, where provisions of transparent, participatory, or accountable decision-making cannot be taken for granted. Taking the example of the Moroccan 2003 law on migration, the paper demonstrates that the EU was fairly successful in inducing the adoption of legislation in line with provisions of democratic governance. The contribution concludes with a discussion of the prospect of implementation of these provisions, in particular, against the background of the EU's extended external competences under the Lisbon Treaty.