The Joint Way Forward on migration issues between Afghanistan and the EU: EU external policy and the recourse to non-binding law
  • 1 PhD, University of Luxembourg
  • | 2 PhD, University of Luxembourg

The EU increasingly uses non-binding agreements as part of its response to the ongoing migration crisis. The preparation and implementation of such agreements are conducted in imprecise circumstances in terms of institutional responsibilities and they are subject to limited, if any, parliamentary control and judicial review. Taking the topical Afghanistan–EU Joint Way Forward as a focus point, this article raises the question whether the increasing recourse to non-binding instruments may be interpreted as a way of circumventing the constitutional allocation of powers to and within the EU. It highlights substantial issues related to the protection of fundamental rights and the allocation of the EU's financial resources stemming from the Joint Way Forward. It shows a number of legal drawbacks to this trend of using such non-binding instruments and argues in favour of more transparency and procedural clarity in their negotiation and implementation.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Purchase

Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account