François Crépeau, Anna Purkey & Jean-Yves Carlier, “From the 2015 European “Migration Crisis” to the 2018 Global Compact for Migration: A Political Transition Short on Legal Standards” (2020) McGill Journal of Sustainable Development Law.
The “European migration crisis” is the culmination of a series of failed attempts to elaborate a comprehensive European immigration policy beyond repression of undocumented migrants and border closures. This article outlines the causes of the “crisis” and the general resistance of courts to the repressive impulse of European executives, as well as suggest that the 2018 United Nations Global Compact on Migration offers a conceptual framework that indicates a “way forward” for All States, including EU Member States. By highlighting the legal underpinnings behind migration, this piece illustrates the “European migration crisis” through the eyes of the modern human rights practitioner. If anything, the European migration crisis demonstrates that human mobility cannot be met by repression only- instead, legalising, regulating and taxing mobility must be part of the solution framework.
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