The External Dimension of the EU Immigration and Asylum Policies Before the Court of Justice

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Table of Contents: I. Introduction. – II. Quantitative analysis and scope of judicial competence in the external dimension of EU immigration and asylum policies. – III. Substantive inputs from the Court of Justice’s case-law on the external dimension of EU immigration and asylum policies. – IV. What is the Court of Justice’s role in this external dimension? – V. Concluding remarks.

Abstract: This Article analyses the case-law of the European Court of Justice (ECJ) relating to the external dimension of the EU immigration and asylum policies. Its aim is to search for the rationale behind the figures and types of actions brought before the Court in this field, as well as to infer from this case-law the inputs provided by Luxembourg to the design, development and implementation of EU external action on immigration and asylum. The role played by the ECJ in this external dimension will therefore be assessed, by verifying whether it can be ascribed to its usual role within the internal dimension of EU immigration and asylum policies or is rather closer to its case-law on EU external relations in general.

Keywords: ECJ case law – external dimension – EU immigration and asylum policies – EU external relations law – EU-Turkey Statement – development cooperation.

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European Papers, Vol. 7, 2022, No 1, pp. 109-126
ISSN
2499-8249 - doi: 10.15166/2499-8249/550

* Associate Professor of European Union Law, Universidad Pontificia Comillas, pgandrade@comillas.edu.

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