SOFT LAW, EFFECTIVENESS OF FUNDAMENTAL RIGHTS AND MIGRATION: HOW EFFECTIVE ARE MIGRANTS’ FUNDAMENTAL RIGHTS IN AN ERA OF EUROPEAN GOVERNANCE?
SOFT LAW, EFFECTIVENESS OF FUNDAMENTAL RIGHTS AND MIGRATION: HOW EFFECTIVE ARE MIGRANTS’ FUNDAMENTAL RIGHTS IN AN ERA OF EUROPEAN GOVERNANCE?

Author(s): Roila Mavrouli
Subject(s): Politics, Civil Law, International Law, Human Rights and Humanitarian Law, Governance, Security and defense, Migration Studies, EU-Legislation
Published by: Transnational Press London
Keywords: rights; law; migration; soft law; European governance; detention practices;
Summary/Abstract: The objective of this research paper is to examine the valorization of procedural rationality in the field of fundamental rights related to migration from non-EU countries. This is in the context of an EU which is strengthening its constitutional nature, which sees a transition from the concept of government to the concept of governance. In this legal environment it is crucial to guarantee the effectiveness of fundamental rights, thus increasing their normative scope with regard to migration. The challenge to European governance practices and structures is how to transform the valorization of procedural rationality to essential rationality. This leads the democratic praxis to re-appropriate its origin. Nevertheless, this concept of procedural rationality establishes soft law as the fastest and most flexible solution to the migration challenge.

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