The New Pact on Migration and Asylum between evolutions, trends and contradictions of European Union law ; Il Nuovo Patto sulla migrazione e l'asilo tra evoluzioni, tendenze e contraddizioni del diritto dell'Unione europea

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Abstract

This contribution analyses the New Pact on Migration and Asylum in the light of developments in European law and some macro-trends that shape its development. Today's proposal for a reform of the European Commission intervenes in the context of a cyclical crisis, typical of eu- ropea integration, in the aftermath of the partial failure of the one presented in 2016. This results in a reform in which the protection of migrants' human rights is linked to pragmatic solutions to tackle irregular immigration and to seek flexible solidarity mechanisms. The need to incorporate emergency measures that have emerged over the last few years into the Union's legal framework is in fact confronted with the internal policies of the Member States and the need for more effective coordination of those policies. ; This article analyses the New Pact on migration and asylum in light of the evolution of European law and the trends which characterize its develop- ment. In the aftermath of the partial failure of the reform advanced in 2016, the new European Commission's proposals are placed in a context of recurrent crises, typical of the process of integration of the European Union. What emerges is a reform in which the protection of human rights coexists together with pragmatic solutions as well as flexible solidarity mechanisms put for- ward to curb irregular immigration. If it appears an urgency to incorporate the newly developed emergency measures into the EU legal framework, the Union is confronted with Member States' domestic policies and the need for a more effective coordination. ; This contribution analyses the New Pact on Migration and Asylum in the light of developments in European law and some macro-trends that shape its development. Today's proposal for a reform of the European Commission intervenes in the context of a cyclical crisis, typical of eu- ropea integration, in the aftermath of the partial failure of the one presented in 2016. This results in a reform in which the protection of migrants' human rights is linked ...