IMPLEMENTING A RADICAL SHIFT IN IMMIGRATION POLICY :
A COMPARATIVE ANALYSIS OF THE CASE LAW OF DANISH, POLISH, GERMAN AND ITALIAN COURTS
Summary
IMPLEMENTING A RADICAL SHIFT IN IMMIGRATION POLICY
This study, published in French, examines the legal and institutional conditions that enable European countries to implement a fundamental shift in immigration policy. Through a comparative analysis of the case law of constitutional and supreme courts in Denmark, Poland, Germany and Italy, it explores the constraints imposed on national governments and parliaments by asylum law, family reunification rights, and national and European courts. It highlights differences in judicial interpretation between these countries and the room for manoeuvre available to Member States seeking to strengthen control over migration flows.
Drawing on several recent legislative reforms and court rulings, particularly those concerning border controls, deportations, restrictions on family reunification and the detention of asylum seekers, the study highlights the decisive role of judges in shaping immigration policies. It puts forward several proposals aimed at strengthening national sovereignty and the democratic legitimacy of public decision-making, notably by clarifying constitutional provisions on immigration, affirming the primacy of national constitutional identity, and reforming the appointment and decision-making procedures of constitutional courts.