A COERÊNCIA DAS POLÍTICAS MIGRATÓRIAS, DE ASILO E DE GESTÃO DAS FRONTEIRAS DA UNIÃO EUROPEIA: Entre a retórica e a prática na defesa do Estado de Direito

Abstract

ABSTRACT

Throughout European integration, the protection of the rule of law has emerged as a central dimension of the European Union's identity, not only as a fundamental element of the EU's DNA, common to all its Member States, but also as an accession criterion of candidate countries to the EU and a key element of the EU's external identity as a global normative power. This article presents a critical analysis of the internal and external coherence of migration, asylum and border management policies of the European Union between legislative rhetoric and operational reality in the pursuit of a management and governance model based on the respect of the rule of law as a constitutional legal value, given the current trend of renationalization of the borders between States, the profound dehumanization prevalent in these policies and the existing fragmentation among Member States in the compliance of the commonly adopted regulations. To this end, following a qualitative methodology, it is first analyzed the direct relationship between the effective defense of the rule of law and the compliance with the rules governing migration, asylum and border management policies, and then it reviews the judicial, conventional and political mechanisms for the protection of the rule of law in the European Union and its application in this specific field.