European Union migration policy, CJEU, Maremortum case, Spain migration commitments, EU migrant distribution, Frontex agency, Dublin regulations, EU fundamental rights
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Abstract
Analysis of the Maremortum case and its implications for EU migration policy, involving Spain, European institutions, and the CJEU.
Contents
The different interest groups and other political actors in action and their relations
Potential external factors or determinants for the Spanish government in fulfilling these obligations
The action of the different interest groups in the context of this conflict
Assessment of short- and medium-term results
The different interest groups and other political actors in action and their relations
Potential external factors or determinants for the Spanish government in fulfilling these obligations
The action of the different interest groups in the context of this conflict
Assessment of short- and medium-term results
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Extract
[...] More likely, the accumulation of cases of this type could eventually force the EU to review its common functioning mechanisms on the issue of borders, but the improbable nature of a new European treaty in the short term pushes the probability of a broad and inclusive discussion on the management of Europe's external borders. [...]
[...] In the short term, the'The action of the association could be translated into consequences that would essentially concern Spain. In fact, one can think that the Spanish government has every interest in proceeding with the effective distribution of migrant quotas to which it has committed to finding a solution. The political benefit could be double for it: on the one hand, allowing the continuity of the state despite political alternation, on the other hand, fulfilling its political commitments in the field of migration. [...]
[...] Identify the different interest groups and other political actors in this case. Identify the possible relationships between them. The case The case studied mobilizes several actors of distinct nature. On the one hand, public actors such as European states and the various organs of the European Union mobilized on the issue. From this point of view, there are indeed national and supranational actors: the European Council, composed of competent ministers from member states, and the European Parliament due to the opinion issued on the subject of migrant distribution. [...]
[...] In any case, the'most relevant judicial arena to consider would likely be the CJEU, insofar as the ECHR would not have the necessary political authority to enforce its decision. The CJEU is indeed more likely to lead to a binding measure, and to inscribe it within a more coherent political framework. Conversely, the risk for Maremortum would be to see the ECHR validate the substance of the case without having sufficient binding means for its decision to be effectively translated on the ground. 4. Assess the short- and medium-term results. [...]
[...] In fact, the political alternation that took place in 2018 and led to the return of the left to power significantly changes the situation. The majority formed by the Spanish Socialist Workers' Party (PSOE) and the Catalan Socialist Party (PSC) finds itself, due to its ideological positioning expressed during the campaign, more open to the general idea of a better reception of migrants. However, if the government were toHowever, if the government were to take political actions in the field of migration today, difficulties may arise from the fact that the current government may not consider itself politically responsible for the commitments made by past majorities. [...]
