The growing but uneven role of European courts in (im)migration governance : a comparative perspective

Abstract

The context in which European and domestic courts adjudicate migrants' rights has never been more complicated than it has been in recent years. A socio-political reality of sequential crises (economic, refugee, rule of law and Covid-19) has empowered the executive to make decisions with regard to migration with minimal legislature and judicial supervision and launch 'open attacks on case law'. The ever-increasing number of persons in need of access to asylum is likely to increase even further over the next decade.