Lecture by Dr Moritz Jesse, Leiden University, Member of the GLN - 10 May 2016
It is difficult to imagine an area of law which is more susceptible to political interventions and heated public debates than the regulation of immigration. European and/or national legislation seeking to regulate, steer or limit migration is giving rise to risks. In his talk, Moritz Jesse, Leiden University, will have a closer look at the risks associated with immigration in the particular constellation of the European Union.
On the national level migration and EU migration rules are perceived as a risk to welfare, social cohesion and national sovereignty. The binding character of EU legislation limits discretion of Member States significantly. This leads to a continuous struggle between Member States and the EU about scope of application, effectiveness, and limits of EU migration rules on the national level. This constellation gives rise to three categories of risks: First, abstract risks such as the lack of legal certainty and undermining of objective and purpose of legislation. Second, institutional risks such as preventing the achievement of political promises or destabilizing national systems of governance. And third, individual risks for immigrants who might suffer from denial of rights, insecurity and marginalization as an effect of the struggle between the EU and its Member States.