More or less (soft) law? The case of third country migration cooperation and the long-term effects of EU preference for soft law instruments
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10.26494/QMLJ72463
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Through a variety of examples, an appraisal of EU third-country informal
cooperation on migration is provided to show that a preference towards softer instruments of
cooperation has emerged. To illustrate the breadth and depth of such informal tools, four
perspectives are adopted: first, a geographical one, which elucidates the reach of the EU
action; second, a perspective related to the vastness and variety of the objectives pursued
through informal cooperation; third, one which focuses on the role of funding in support of
this action; and lastly, a perspective which examines the narrative framework of soft
cooperation. This paper aims to assess whether and to what extent this trend reflects either a
‘more’ or ‘less’ law approach to third country migration cooperation in the EU. Through the
lens of European soft law theory, the status of informal cooperation within the realm of soft
law is examined. As the choice of ‘more’ or ‘less’ law is inherently political, the preference for
alternative law-making methods can have an immense impact on the functioning of a legal
system. Thus, some of the practical consequences produced by soft law in this field are
presented, namely de-proceduralisation, de-formalisation and de-legalisation
Authors
Frasca, EleonoraCollections
- Queen Mary Law Journal [38]
- Queen Mary Law Journal [38]
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