European Migration Law (Oxford European Union Law Library)

This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law. Cover Series European Migration Law Copyright Acknowledgements Summary Contents Contents Table of Cases Table of EU Legislation List of Abbreviations Introduction: European Migration Law as a Field of Inquiry PART I OVERARCHING THEMES 1. Building an Area of Freedom, Security, and Justice 1.1 From International to EU Migration Law 1.1.1 Parallelism of emigration, imperialism, and tourism 1.1.2 Migration law as a by-​product of state formation 1.1.3 Towards international protection for refugees 1.1.4 Prehistory of EU rules on labour migration 1.1.5 Free movement within the single market 1.1.6 Colonial migration: the downside of free movement 1.1.7 Theoretical ambiguity of Union citizenship 1.2 Towards Distinct Policies for Third Country Nationals 1.2.1 ‘Schengen’: compensatory logic 1.2.2 Treaty of Maastricht: fragile intergovernmental cooperation 1.2.3 Treaty of Amsterdam: gradual supranationalisation 1.2.4 Treaty of Lisbon: autonomy of migration law 1.2.5 European Council: political programming 1.2.6 Public discourse between ‘fortress Europe’ and ‘common values’ 1.3 Distinguishing Union Citizenship from Third Country Nationals 1.3.1 Primary law: open-​ended Treaty objectives 1.3.2 Legislative leeway within the confines of human rights 1.3.3 Overlap with Union citizenship 1.3.4 Tipping points in the legislative process 1.4 Summary 2. Institutional Prerogatives and Decision-​making 2.1 Driving Forces behind Europeanisation 2.1.1 The choice for Schengen as an example 2.1.2 Continuity of mixed results in migration policy 2.1.3 From ‘permissive consensus’ to ‘constraining dissensus’ 2.1.4 The danger of institutional blockage 2.2 Influence on the Policy Output 2.2.1 Commission 2.2.1.1 Civil servants between expertise and politics 2.2.1.2 Technocratic posture on migration law 2.2.2 European Council 2.2.3 Council 2.2.3.1 The ‘backroom’: working parties of national civil servants 2.2.3.2 Consensus culture in the shadow of majority voting 2.2.4 European Parliament 2.2.4.1 Committees as the ‘engines’ of parliamentary impact 2.2.4.2 Shifting positions on migration law 2.3 Interinstitutional Practices 2.3.1 Treaty change: limited relevance 2.3.2 Secondary legislation: prevalence of informal ‘trilogues’ 2.3.3 Curtailment of delegated and implementing acts 2.3.4 Ancillary role of ‘soft law’ 2.3.5 International cooperation: side-​effects of informalisation 2.3.6 Private actors: a democratic virtue for migration law? 2.4 Differentiated Integration: Opt-​outs after Brexit 2.4.1 Denmark: the long shadow of the referenda 2.4.2 Ireland: relic of British reticence 2.5 Summary 3. Court of Justice: Achievements and Limitations 3.1 Influence of the Court Architecture 3.1.1 Collective and multi-​lingual adjudication 3.1.2 Horizontal outlook beyond migration law 3.1.3 Frontex, Asylum Agency, and the pitfalls of specialised tribunals 3.1.4 Non-​governmental organisations and the limits of third party intervention 3.2 Constitutional Authority of the Supranational Judiciary 3.2.1 Reputation of ‘constitutional imagination’ 3.2.2 Migration law: ‘administrative mindset’ 3.2.3 Interaction with the legislature 3.3 Access to and Output in the Area of Migration 3.3.1 Validity disputes 3.3.1.1 Direct actions by individuals on migratory matters 3.3.1.2 Privileged access by the EU institutions 3.3.2 Infringement proceedings 3.3.2.1 Importance of the pre-​litigation stage 3.3.2.2 Changing dynamics in migration law 3.3.3 Preliminary references 3.3.3.1 Stark discrepancies between the Member States 3.3.3.2 Carrots and sticks for loyal cooperation 3.3.3.3 Between micromanagement and vagueness 3.3.4 ‘Demand’ side 3.3.4.1 Thematic asymmetries in migration law 3.3.4.2 Strategic litigation to the benefit of migrants 3.4 Alternative Accountability Mechanisms 3.4.1 Accountability for wrongdoing beyond courts 3.4.2 Ombudspersons as vehicles of administrative control 3.4.3 Financial and managerial accountability 3.4.4 Political oversight by parliaments 3.4.5 Access to documents as a source of public debates 3.5 Summary 4. Interdisciplinary Perspectives and Methodology 4.1 Drivers of Migratory Movements 4.1.1 Numerous ‘push’ and ‘pull’ factors 4.1.2 Migration as a process over time 4.1.3 Intermediate level: networks, regimes, and infrastructures 4.1.4 Continuum of ‘voluntary’ and ‘forced’ migration 4.2 Significance of State Measures 4.2.1 Normative background: the open borders debate 4.2.2 Explaining the ‘control gap’: the liberal paradox 4.2.3 Public opinion and intergroup threat perceptions 4.2.4 Multiple actors of migration governance 4.2.5 Individual migrant agency 4.3 Law as an Instrument of Government 4.3.1 Starting point: Foucault and constructivism 4.3.2 ‘Labels’ as a means of government 4.3.3 Language between ‘abuse’, ‘crisis’, and ‘normality’ 4.3.4 Securitisation versus rights-​based approach 4.4 Legal Methodology between Doctrine and Critique 4.4.1 Academic discourse: from enthusiasm to scepticism 4.4.2 Between ‘black letter’ and doctrinal constructivism 4.4.3 Interdisciplinary and critical approaches 4.5 Summary 5. Human Rights and State Sovereignty 5.1 ‘Aliens Law’ as Protection qua Nationality 5.1.1 Historic minimum standards as inter-​state obligations 5.1.2 Limited impact of the conventions of the Council of Europe 5.1.3 Reduction of statelessness as a legal obligation 5.2 Human Rights qua Personhood 5.2.1 Individual guarantees for ‘everyone’ 5.2.2 Hanna Arendt and the ‘right to have rights’ 5.2.3 Normative counterweight to state sovereignty 5.3 Lead Function of the European Convention 5.3.1 Judicial dynamism in the field of migration 5.3.2 Focus on general principles and the Grand Chamber 5.3.3 Interaction with EU law 5.4 Added Value of the Charter 5.4.1 More generous protection 5.4.2 Rights of the child as an example 5.4.3 EU not a ‘human rights organisation’ 5.4.4 Limited scope of application of the Charter 5.5 Complementary Role of International Bodies and Political Fora 5.5.1 Plethora of human rights treaty bodies 5.5.2 Potential source of dynamism in the field of migration 5.5.3 Special rapporteurs and diplomatic initiatives 5.5.4 Global Compacts for Migration and on Refugees 5.6 Refugee Convention: Distant Lodestar 5.6.1 Interaction with Union law 5.6.2 Supporting role in the judicial practice 5.6.3 Practical priority of human rights 5.7 Summary 6. Doctrinal Foundations of the Case Law 6.1 ‘Legal Order’ as Doctrinal Self-​sufficiency 6.2 The Promise and Limits of Coherence 6.2.1 Legislative fragmentation 6.2.2 Vision of an ‘immigration code’ 6.2.3 Interpretative approximation 6.3 Constitutional Essentials in Migration Law 6.3.1 Direct effect and primacy as an everyday practice 6.3.2 No categorical distinction between directives and regulations 6.3.3 Subsidiarity as political preference 6.4 Pitfalls of the Interpretative Exercise 6.4.1 Multilingualism of EU migration law 6.4.2 Revival of the drafting history 6.4.3 Indeterminacy of teleological interpretation 6.4.4 Autonomous concepts and their limits 6.4.5 Effet utile as a useful doctrinal tool 6.5 Individual Rights of Migrants 6.5.1 Individual rights enshrined in legislation 6.5.2 Added valued in comparison to human rights 6.5.3 Ambiguous Court practice on the Charter 6.5.3.1 Interpretation in conformity with human rights 6.5.3.2 Silence or vagueness on the Charter 6.5.4 Scope of the right to an effective remedy 6.6 Practical Tips for Dealing with the Case Law 6.7 Summary 7. Administrative Dimension 7.1 European Migration Law as a Composite System 7.1.1 Conceptual vagueness of ‘areas’ and ‘systems’ 7.1.2 Multiplicity of actors at different levels 7.1.3 Operational character of asylum and border controls 7.1.4 Diverse avenues of inter-​state cooperation 7.2 National Procedural Autonomy and Its Limits 7.2.1 The many faces of procedural harmonisation 7.2.2 Effectiveness as a corrective vehicle 7.2.2.1 Court practice on migration law 7.2.2.2 Time limits as a test case 7.2.3 Fundamental right to an effective remedy 7.2.3.1 Availability of legal remedies 7.2.3.2 Scope of judicial oversight 7.2.3.3 Suspensive effect and legal assistance 7.2.4 Good administration 7.2.4.1 Giving reasons and right to be heard 7.2.4.2 Consequences of procedural deficits 7.3 Transnational Effects of Horizontal Cooperation 7.3.1 Visas and databases: rules in secondary legislation 7.3.2 Entry bans: failure of inter-​state consultation 7.3.3 Intra-​EU mobility: ‘golden visas’ as an abusive practice? 7.4 Money as a Means of Governance 7.5 Summary 8. Agencies (Frontex and Asylum Agency) 8.1 Theory and Policy Design 8.1.1 Elusive vision of administrative centralisation 8.1.2 The choice for Frontex and the Asylum Office 8.1.3 Formal expansion of the mandates 8.1.4 Exponential growth in practice 8.2 Constitutional Foundations 8.2.1 Involvement in administrative decision-​making 8.2.2 ‘Meroni’ doctrine: no decisive hurdle 8.2.3 Territorial scope 8.3 Frontex: Institutional Muscle Formation 8.3.1 Operational powers 8.3.2 Supervision of the Member States 8.3.3 Cooperation with third states 8.3.4 Eurosur and procurement of equipment 8.4 Asylum Agency: Latecomer with Subtle Influence 8.4.1 Information gathering and practical guidance 8.4.2 Operational support in ‘hotpots’ and beyond 8.4.3 Supervision and international cooperation 8.5 Accountability for Wrongdoing 8.5.1 Legislative provisions on agency involvement 8.5.2 Institutional governance 8.5.3 Legal remedies for composite procedures 8.6 Summary 9. Databases 9.1 Theory and Policy Design 9.1.1 Information technology as ‘invisible’ infrastructure 9.1.2 ‘Function creep’ over three decades 9.2 Constitutional Foundations 9.2.1 Supranational competences 9.2.2 Decentralised network structure 9.2.3 Territorial scope 9.3 An Overview of Migration Databases 9.3.1 Schengen Information System (SIS) 9.3.2 Eurodac 9.3.3 Visa Information System (VIS) 9.3.4 Travel authorisation (ETIAS) 9.3.5 Entry/​Exit System (EES) 9.4 Prospect of Interoperability and Artificial Intelligence 9.4.1 From support to automated processing 9.4.2 Quality concerns and implementation deficits 9.4.3 The spectre of ‘interoperability’ 9.5 Respect for Data Protection Standards 9.5.1 Principles of data protection 9.5.2 Core elements of the human rights assessment 9.5.3 Preventive and reactive supervision 9.6 Summary PART II SECTORAL LEGISLATION AND POLICIES 10. General Features of EU Legislation 10.1 Acquisition of Residence Permits 10.1.1 Of ‘residence permits’ and ‘visas’ 10.1.2 Constitutive state authorisation 10.1.3 Fee levels 10.2 Sufficient Resources Requirement 10.3 Public Policy Exception 10.3.1 Overlap with Union citizenship 10.3.2 Sector-​specific outcomes 10.4 Equal Treatment as a Constitutional Guarantee 10.4.1 Human rights instead of Union citizenship 10.4.2 Different scrutiny levels in the judicial practice 10.4.3 Distinctions based on migration status 10.4.4 Racial and ethnic discrimination 10.5 Proportionality 10.5.1 Context-​specific outcomes 10.5.2 Abstract or individual assessment? 10.6 More Favourable Domestic Rules 10.6.1 Identification of mandatory provisions 10.6.2 Different patterns in secondary legislation 10.7 Exceptional Non-​Compliance (Article 72 TFEU) 10.8 Abusive Practices 10.9 Practical Tips for Dealing with Legislation 10.10 Summary 11. Visa Policy 11.1 Theory and Policy Design 11.2 Constitutional Foundations 11.2.1 Supranational competences 11.2.2 Territorial scope 11.3 Visa Requirements 11.3.1 Rationale behind ‘black’ and ‘white’ lists 11.3.2 Visa liberalisation as a bargaining chip 11.3.3 Reciprocity in relations with third states 11.4 Visa Procedure 11.4.1 Admission criteria 11.4.2 Application procedure 11.4.3 Decision and legal remedies 11.4.4 Visa format 11.4.5 Inter-​state cooperation 11.5 Special Case: Humanitarian Visas 11.6 Other Pre-​arrival Measures 11.6.1 Carrier sanctions 11.6.2 Export of visa policy to transit countries 11.6.3 Liaison officers abroad 11.7 Summary 12. Border Controls 12.1 Theory and Policy Design 12.1.1 Symbolic weight of borders 12.1.2 Incomplete ‘territorialisation’ of the EU 12.1.3 Towards a new ‘culture’ of border controls 12.2 Constitutional Foundations 12.2.1 Supranational competences 12.2.2 Extraterritorial reach of human rights 12.2.3 Search and rescue at sea 12.2.4 Rejection at the border 12.2.4.1 Right to asylum and prohibition of refoulement 12.2.4.2 Prohibition of collective expulsion 12.2.5 Territorial scope 12.3 Schengen Governance 12.3.1 Membership and phased implementation 12.3.2 Crises and reform efforts 12.3.3 Scope of the ‘Schengen acquis’ 12.4 Internal Movements within the Schengen Area 12.4.1 Circulation of third country nationals 12.4.1.1 Free travel for short stays 12.4.1.2 Secondary movements of asylum applicants 12.4.2 Internal border controls 12.4.2.1 Requirements for temporary reintroduction 12.4.2.2 Extensive and illegal state practice 12.4.3 Police checks in border areas 12.5 External Controls at Crossing Points 12.5.1 Entry conditions 12.5.2 Checks on persons 12.5.3 Refusal of entry and legal remedies 12.5.4 Local border traffic 12.6 Surveillance of the External Borders 12.6.1 Land borders 12.6.2 Interaction with asylum law 12.6.3 Sea borders 12.6.3.1 Sea Borders Regulation 12.6.3.2 Basic procedural safeguards 12.7 Document Security 12.8 Summary 13. Common European Asylum System 13.1 Theory and Policy Design 13.1.1 A history of half-​hearted commitment 13.1.2 Early years of intergovernmental cooperation 13.1.3 First and second phase of harmonisation 13.1.4 Policy crisis of 2015/​16 13.1.5 Elusive reform efforts 13.1.6 Geopolitics enter the political equation 13.1.7 Structural deficits and their fallout 13.2 Constitutional Foundations 13.2.1 Supranational competences 13.2.2 Prohibition of refoulement 13.2.3 Right to asylum 13.2.3.1 Article 18 CFR 13.2.3.2 Protocol on Union citizens 13.2.4 Solidarity (Article 80 TFEU) 13.2.5 Territorial scope 13.3 Asylum Jurisdiction 13.3.1 Origin of the first entry rule 13.3.2 Futile quest for solidarity 13.3.3 Hierarchy of the substantive criteria 13.3.4 Scope and procedure 13.3.5 Take charge/​back requests 13.3.6 Mutual trust and its limits 13.3.7 Secondary movements and the transfer of jurisdiction 13.4 Asylum Procedures 13.4.1 Access to the procedure 13.4.2 Personal interview and individualised assessment 13.4.3 Sixfold procedural differentiation 13.4.3.1 Asylum jurisdiction and admissibility 13.4.3.2 Regular and accelerated examination 13.4.3.3 Subsequent applications and withdrawal 13.4.4 Border procedures 13.4.5 Safe countries 13.4.5.1 Safe countries of origin and common lists 13.4.5.2 Rebuttal of the presumption of safety 13.4.5.3 Controversies about safe third countries 13.4.6 Legal remedies 13.4.7 Recurring ‘vision’: external processing 13.5 Refugee Status 13.5.1 Preventing disparate recognition quotas 13.5.2 Standards and burden of proof 13.5.3 Notion of persecution 13.5.3.1 Severe violation of basic human rights 13.5.3.2 Refugees sur place and family members 13.5.3.3 Poverty 13.5.3.4 Climate change 13.5.4 Actors of protection 13.5.4.1 Home state and international organisations 13.5.4.2 Internal protection alternative 13.5.5 Reasons for persecution 13.5.5.1 Membership of a particular social group 13.5.5.2 Refusal to perform military service 13.5.6 Exclusion and cessation 13.5.6.1 Palestinian refugees 13.5.6.2 Terrorism and other serious crime 13.5.6.3 Change of circumstance in the home state 13.6 Subsidiary and Complementary Protection 13.6.1 Added value of Europeanisation 13.6.2 Protection against indiscriminate violence 13.6.3 Other scenarios: divergence from human rights 13.6.4 ‘Complementary’ protection under national laws 13.7 Temporary Protection 13.7.1 Rationale behind blanket recognition 13.7.2 Conditions and contents of temporary protection 13.7.3 Interaction with EU migration law 13.8 Reception Conditions for Asylum Applicants 13.8.1 Protracted differences between the Member States 13.8.2 Living conditions and other guarantees 13.8.3 Restrictions and human rights compliance 13.8.4 Right to remain and ‘fiction of non-​entry’ 13.9 Rights of Beneficiaries of International Protection 13.9.1 Limits of equal treatment 13.9.2 Specific guarantees 13.9.3 Free movement and option of ‘uniform status’ 13.9.4 Refugees without protection status 13.10 Resettlement and Other Legal Pathways 13.10.1 Soft side of asylum policy 13.10.2 EU resettlement framework 13.10.3 Other protracted entry procedures 13.11 Summary 14. Legal Migration 14.1 Theory and Policy Design 14.1.1 ‘Guest workers’ outside the reach of EU institutions 14.1.2 Family bonds as a critical gateway 14.1.3 Globalisation and the ‘battle’ over labour migration 14.1.4 Sectoral approach to economic migration 14.1.5 Limits of Europeanisation 14.1.6 Effects on the welfare state 14.2 Constitutional Foundations 14.2.1 Supranational competences 14.2.2 National prerogatives for labour migration 14.2.3 Human rights, family life, and rights of the child 14.2.4 Territorial scope 14.3 Family Reunification 14.3.1 EU citizens and their family members 14.3.2 Scope of the Family Reunification Directive 14.3.2.1 Limitation to the nuclear family 14.3.2.2 Optional clauses 14.3.3 Conditions under the Directive 14.3.4 Procedure and rights of family members 14.3.5 Beneficiaries of international protection 14.4 Skilled Labour Migration 14.4.1 Regulatory toolbox and driving forces beyond the law 14.4.2 Blue Card Directive 14.4.2.1 Personal and thematic scope 14.4.2.2 Procedure and rights of blue card holders 14.4.3 Students and Researchers Directive 14.4.3.1 Students as ‘ideal immigrants’ 14.4.3.2 Delegation of responsibility to research organisations 14.4.4 Single Permit Directive 14.4.5 Vexed issue of intra-​European mobility 14.5 Temporary Economic Activities 14.5.1 Posted workers in the single market 14.5.2 GATS and other trade agreements 14.5.3 Inter-​Corporate Transfers Directive 14.5.4 Seasonal Workers Directive 14.5.5 Legal pathways for economic purposes 14.6 Summary 15. Integration and Settlement 15.1 Theory and Policy Design 15.1.1 From ‘denizenship’ to citizenship 15.1.2 Models of migrant integration 15.1.3 Disputes over the direction of EU migration law 15.1.4 Status change in multiple directions 15.1.5 Mixed output in migration law and beyond 15.2 Constitutional Foundations 15.2.1 Scope of supranational competences 15.2.2 Human rights protection against expulsion 15.2.3 Territorial scope 15.3 Equality Provisions in Secondary Legislation 15.3.1 Complexity of the legislative framework 15.3.2 Overarching doctrinal characteristics 15.3.3 Social security other benefits 15.3.3.1 Exclusion from social assistance and advantages 15.3.3.2 Human rights compliance 15.3.4 Disparate effects of equal treatment 15.3.5 Distinctions between refugees and subsidiary protection 15.4 Mandatory Integration Requirements 15.4.1 Proliferation and significance of domestic laws 15.4.2 Supranational legal framework 15.4.3 Judicial endorsement, subject to a caveat 15.5 Other Integration Measures 15.6 Long-​Term Residents Directive 15.6.1 Independence from the original purpose 15.6.2 Scope and conditions 15.6.3 Procedure and loss 15.7 Acquisition of Nationality 15.7.1 Conceptual lacuna of EU migration law 15.7.2 Member State prerogatives and their limits under EU law 15.7.3 ‘Golden passport’ schemes 15.8 Summary 16. Irregular Presence and Return 16.1 Theory and Policy Design 16.1.1 Beyond binary conceptions of (il)legality 16.1.2 Relentless search for effectiveness 16.1.3 Contrasting policy dynamics 16.2 Constitutional Foundations 16.2.1 Supranational competences 16.2.2 Detention in conformity with human rights 16.2.3 Human rights of those irregularly present 16.2.4 Territorial scope 16.3 Criminalisation of Illegal Entry and Stay 16.3.1 Prosecution of ‘smuggling’ 16.3.2 Intimidation of search and rescue 16.3.3 Limits for criminal sanctions 16.3.4 Victims of trafficking 16.3.5 Employer sanctions 16.4 Bans on Entry and Stay 16.4.1 Refusal for different reasons 16.4.2 Entry bans under the Return Directive 16.5 Structure of the Return Directive 16.5.1 Reasons for illegal stay 16.5.2 Exceptions from the scope 16.5.3 Return decision 16.5.4 Voluntary departure and removal 16.5.5 Limbo of ‘non-​removable’ returnees 16.6 Inter-​state Cooperation 16.6.1 Mutual recognition of expulsion decisions 16.6.2 Cooperation between the Member States 16.6.3 Return to other Member States 16.6.4 Readmission agreements with third states 16.7 Detention 16.7.1 Delimitation of EU legislation 16.7.2 Grounds for detention 16.7.2.1 Risk of absconding 16.7.2.2 Other criteria for asylum seekers 16.7.2.3 Additional grounds for returnees 16.7.3 Alternatives and length 16.7.4 Conditions of detention 16.8 Regularisation 16.9 Summary 17. Association Agreements with Neighbours 17.1 Constitutional Foundations 17.1.1 Supranational competences 17.1.2 Status in the EU legal order 17.1.3 Interpretative parallelism and its limits 17.2 ‘Best friends’: European Economic Area and Switzerland 17.2.1 Free movement of persons 17.2.2 Membership in Schengen and Dublin 17.2.3 Micro states and Gibraltar 17.3 United Kingdom: Reversed Dynamics 17.3.1 Acquired rights of (former) Union citizens 17.3.2 Sovereign control over future movements 17.4 Turkey: ‘Consolation Prize’ with Much Practical Effects 17.4.1 Turkish nationals residing in the Member States 17.4.2 ‘Standstill’ as dynamism for first admission 17.5 Western Balkans: Pre-​accession Guarantees 17.5.1 Former agreements and transitional periods 17.5.2 Limited impact of contemporary agreements 17.6 Neighbourhood: Novel Focus on Migration Control 17.6.1 Eastern partnership: pragmatic cooperation 17.6.2 Union for the Mediterranean: hotbed of control practices 17.7 Summary 18. International Cooperation with Third States 18.1 Theory and Policy Design 18.1.1 ‘Migration management’ as an overarching narrative 18.1.2 A short history of the EU’s strategic vision 18.1.3 Trial and error of external migration policy 18.1.4 Give and take in the mutual interest 18.2 Constitutional Foundations 18.2.1 Supranational competences 18.2.2 Spread of informal cooperation frameworks 18.3 Externalisation of Control Practices 18.3.1 A recurring theme in the policy discourse 18.3.2 Conditionality: ‘carrots and sticks’ for cooperation 18.3.3 Capacity building and operational cooperation 18.3.4 EU involvement via Frontex and CSDP missions 18.4 Development Cooperation and Legal Pathways 18.4.1 Contextual complexity of the migration-​development nexus 18.4.2 Financial support for multiple purposes 18.4.3 Refugee protection in the Global South 18.4.4 From ‘mobility’ to ‘talent’ partnerships 18.5 Summary Bibliography Index