Transnationale Verwaltung des europaischen Migrationsraums. Zur horizontalen Offnung der EU-Mitgliedstaaten

In: Der Staat: Zeitschrift für Staatslehre und Verfassungsgeschichte, deutsches und europäisches öffentliches Recht, Band 46, Heft 1, S. 1-32

Abstract

The "actio pro unione" reminiscent of the four musketeers plays a central role in the common administration of the European migration space in that administrative decisions of a member state gain legal importance in other states through Union law. This bestows a distinct transnational regulatory structure to administration of the European migration space. In the context of migration law, transnational migration has typically been nationally structured, differentiating between foreign & domestic with a focus on the foreign. While migration has changed some in its social aspects as a result of globalization, Europeanization has created a third category, EU citizenship, as well as a territorial constitutional space, though with a variable geometry. A look at the administration structures of the European migration space & the basis for legislative efforts to establish transnational regulatory structures shows that the "action pro unione" is building a form of horizontal administrative association, separate from international or supranational structures. This can be seen by exploring examples regarding the status of long term residents & the Dublin system for determination of asylee states. L. Reed