Introduction : judicial dialogue on the return directive : catalyst for changing migration governance?

Abstract

Th is book analyses how courts and judicial dialogue shape return policies in the European Union. The way in which states have traditionally dealt with irregular migration has for many decades been characterised by extensive executive discretion, with a very limited role for the judiciary. This book argues that in the European Union, the adoption of the Return Directive brought a significant change to the physiognomy of immigration law in this respect. In particular, it has brought expulsion procedures under judicial scrutiny and thus within the rule of law. Indeed, seeing that EU law enforcement is decentralised and relies for a large extent on the bottom-up engagement of individuals claiming their rights, the Directive empowered domestic courts to venture into a fi eld that had hitherto been dominated by the executive. With domestic judges able to assume the position of ‘natural judges’ of the Directive, it was predictable that the deference shown by domestic courts to the executive would wane.