The Ever-Changing Picture of the Legal Framework of Migration: A Comparative Analysis of Common Trends in Europe and Beyond

The chapter aims to analyse how selected states in Europe and beyond (namely Austria, Germany, Greece, Hungary, Italy, Lebanon, Poland, Sweden, Turkey) have responded to post-2014 migration flows. The chapter provides a comparative legal and institutional analysis of migration governance across countries, highlighting trends and similarities, as well as differences and relevant inconsistencies in the response to mass migration. It will attempt to offer an overview of a changing situation that, while acknowledging the peculiarities of very diverse national contexts, may help capture the main tendencies and common mechanisms, if any, underlying the formulation and implementation of migration law across countries. The chapter also offers analytical insights for evaluating the potential implications of the dynamics of migration management in the aforementioned countries concerning the respect for fundamental rights. Indeed, any analysis of the ‘policy gap’ and the lack of efficacy of migration laws needs to be complemented with a rights-based perspective. What is at stake is not exclusively a governance issue, which can be assessed and measured against the parameter of effectiveness, but also the protection of vulnerable people, where the salient parameters are human dignity and fundamental rights. Mapping out the multiplicity of actors involved in the management of migration and analysing the complex dynamics of their interactions also entails an assessment of the implications that these extremely mobile and fast-changing dynamics have on migrants’ rights. The chapter presents the results of the EU funded Horizon 2020 research "Respond" (grant agreement 770564)