Table of Contents

EU Administrative Governance

EU Administrative Governance

Edited by Herwig C.H. Hofmann and Alexander H. Türk

This book is a unique contribution to the understanding of the reality of government and governance in the European Union (EU).

Chapter 9: Administrative Governance and the Europeanisation of Asylum and Immigration Policy

Cathryn Costello

Subjects: law - academic, european law


Cathryn Costello INTRODUCTION This chapter examines administrative governance in asylum and immigration policy. Since the entry into force of the Treaty of Amsterdam, the area has been characterised by frenetic EC legislative activity. The resultant legislative measures are examined here, as well as the particular administrative structures they create. The chapter also considers the broader issue of Europeanisation of asylum and immigration policy. Europeanisation may be understood as ‘a process of change in national institutional and policy practices that can be attributed to European integration.’1 It is a two-way process. ‘European integration shapes domestic policies, politics and polities, but Member States also “project themselves” by seeking to shape the trajectory of European integration.’2 There are many forms of Europeanisation. For example, there may be a common policy set at the European level, with which Member States must comply. In contrast, in other fields, the EU operates by way of negative integration, requiring mutual recognition of different national rules and systems, rather than establishing comprehensive common policies. To this classic typology of positive and negative integration must be added a third aspect of Europeanisation, whereby the European level provides a frame of reference, in the form of common assumptions, principles and practices, which allow Member States’ practices to converge, whilst retaining the appearance of domestic autonomy and indeed accountability.3 Asylum and immigration policy are characterised by a complex mixture of all three aspects of Europeanisation. This is best revealed by adopting an administrative governance perspective, that is, by considering the various...

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