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"We live in an age of populism, with a troubling impact on migrants' rights and on liberal constitutional democracy.1 Migrants are detained en masse, while border walls are erected in Hungary and the United States; migrants lose their lives at sea, while politicians in Europe advocate for the 'Australian model' towards 'boat refugees' in the Mediterranean; and migrants' rights to be reunited with their families are gradually taken away, while a host of countries - including Italy and Austria in Europe - pull out of the Global Compact for Safe, Orderly and Regular Migration"--
List of contents
Introduction: Migrants' Rights, Populism and Legal Resilience in Europe Stijn Smet and Vladislava Stoyanova; Part I. Theoretical and Critical Perspectives on Resilience: 1. Populism, Immigration and Liberal Democracies: Inherent Instability or Tilting of the Balance? Vladislava Stoyanova; 2. On Population Design. Using Migration Law to Dismantle Constitutional Democratic Institutions Patricia Mindus; 3. Viciously Circular: Will Ageing Lock the European Union Into Immigrant Exclusion? Gregor Noll; Part II: Resilience at the European Level: 4. Coloniality and Recent European Migration Case Law Thomas Spijkerboer; 5. Migration as a Constitutional Crisis for the European Union Alezini Loxa and Vladislava Stoyanova; 6. Possibilities and Limits of European Union Action against Democratic Backsliding and Decline of Migrants' Rights in Member States Jan Wouters and Maaike De Ridder; 7. The Loss of Face for Everyone Concerned: EU Rule of Law in the Context of the 'Migration Crisis' Barbara Grabowska-Moroz and Dimitry Kochenov; Part III. Resilience at the National Level: Case Studies: 8. In the Hands of a Populist Authoritarian: The Agony of the Hungarian Asylum System and the Possible Ways of Recovery Kriszta Kovács and Boldizsár Nagy; 9. 'Good Change' and the Migration Policy in Poland. In a Trap of Democracy Barbara Miköajczyk and Mariusz Jagielski; 10. Criminalising Migrants and Securitising Borders: the Italian 'No Way' Model in the Age of Populism Stefano Zirulia and Giuseppe Martinico; 11. The Restriction of Refugee Rights During the ÖVP-FPÖ Coalition 2018-2019 in Austria: Consequences, Legacy and Potential for Future Resilience against Populism Margit Ammer and Lando Kirchmair; 12. Right-Wing Populism, Crumbling Migrants Rights and Strategies of Resistance in Belgium Ellen Desmet and Stijn Smet; 13. A Stable Yet Fragile System? Legal Resilience against Rights Erosion in Current Swedish Migration Policy Rebecca Thorburn Stern and Anna-Sara Lind; 14. 'Populism? It's Administrative Law, Stupid!' How Administrative Law Subverts Legal Resilience' Bas Schotel; Index.
Summary
Analysing the problematic interplay between the rise of populism, restrictions of migrants' rights and democratic decay in Europe, this book goes beyond diagnosis by examining the potential for legal resilience. Bringing together scholars from migration and constitutional law, it provides a nuanced account for scholars and advanced students.
