EU external competences in the field of migration: How to act externally when thinking internally

Abstract

This article reviews the rules relating to the existence and nature of EU external competences, as deduced from ECJ case law and its Treaty codification, and considers their application to the different dimensions of migration, such as readmission, borders, visas, and legal migration. The analysis is complemented by an assessment of some competence-related issues arising out of the recourse by the EU to courses of action additional to the specific exercise of its external competences on migration. Particular emphasis is placed on the use of EU development cooperation policy and CFSP powers to achieve migration management purposes; the EU powers for the international implementation of the migration clauses of association agreements; as well as the competence controversies ensuing from the adoption of soft law instruments for migration cooperation with EU partners.