Resumen de Differentiation in the EU Migration Policy: The 'Fractured' Values of the EU
As with the whole Area of Freedom, Security and Justice (AFSJ), EU migration policy is one area of EU policy-making in which differentiated integration has found its clearest expression. Owing to its intergovernmental roots, differentiated governance has been considered the necessary compromise for a deeper integration in this policy field since the Amsterdam Treaty entered into force. The adoption of flexible mechanisms aimed to accommodate the political interests of some Member States. While many of the technical intricacies related to this special institutional set-up have now disappeared in the aftermath of Brexit, looking at the possible intersections between the recent migration and rule of law “crises” has brought to the fore a more serious form of disagreement between the Member States on the deeper values – or the possible absence thereof – with respect to EU migration policy. This has become especially clear in the way in which the Court of Justice of the EU (CJEU) seems to have adopted a disconnected approach in its case law relating, respectively, to the “rule of law crisis” and the “migration crisis” so far. This Article argues that beyond the fragmented scope of the EU migration policy caused by differentiation, lies a deeper “fracture” on the values that underpin it. In this sense, it invites for a more careful examination of what could become a widening gap by examining especially the relevant case law of the CJEU on asylum in the aftermath of the “migration crisis”.
