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Cornelisse, Galina --- "Legal pluralism in the European regulation of border control: disassembling, diffusing, and legalizing the power to exclude" [2018] ELECD 403; in Davies, Gareth; Avbelj, Matej (eds), "Research Handbook on Legal Pluralism and EU Law" (Edward Elgar Publishing, 2018) 373

Book Title: Research Handbook on Legal Pluralism and EU Law

Editor(s): Davies, Gareth; Avbelj, Matej

Publisher: Edward Elgar Publishing

ISBN: 9781786433084

Section: Chapter 21

Section Title: Legal pluralism in the European regulation of border control: disassembling, diffusing, and legalizing the power to exclude

Author(s): Cornelisse, Galina

Number of pages: 19

Abstract/Description:

This chapter looks at EU immigration law in order to make sense of the nature of political authority in contemporary Europe. It is argued that the transnational regulation of border control shows a diffuse picture of political authority: European integration in this area has led to the supranationalisation and ‘super-territorialisation’ of national executive discretion, coupled with the constitutionalisation or juridification of the exercise of migration control at the national level. Looking at EU migration law through the lens of legal pluralism is interesting because it allows us to see how sovereign power is regularly and habitually enacted in a context where its very essence may be at stake, but in much more implicit and subtle ways than can be captured in the language of conflicting plausible claims to ultimate legal authority.