(DE)POLITICISING MIGRATION MANAGEMENT POLICY-MAKING LIMITING PARTICIPATION, CHALLENGING DEMOCRATIC LEGITIMACY AND UNDERMINING MIGRANTS’ RIGHTS

The New Pact on Migration and Asylum, adopted in May 2024, marked the end of a decade-long legislative deadlock. Since the 2015 so-called ‘migration crisis’, migration has been presented as a pressing issue, often addressed through the immediate need to increase returns of irregular migrants, and external border management policies. The migration crisis catalysed the politicisation of migration, benefiting radical right parties and mainstreaming restrictive approaches, with severe consequences on migrants' rights. This led to a political crisis, with Member States reluctant to negotiate and engage in legislative reforms. To overcome this, the Commission has resorted to alternative policy-making strategies, both legislative and non-legislative, such as shifting to exclusive and secluded settings, externalising migration policy, using informal tools, and resorting to administrative governance. These strategies aim to prevent the politicization of the policy-making process, reducing visibility and polarization to avoid conflicts. Through a comparative analysis of selected EU acts on return and screening policies, addressing both the internal and external dimensions of migration management, this monograph investigates the conditions under which these strategies affect policy outcomes, particularly protection standards.