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The Hidden Virtues of Discretionary Power in European Migration Law

The Hidden Virtues of Discretionary Power in European Migration Law cover

The Hidden Virtues of Discretionary Power in European Migration Law

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Pre-order. Available 14 May 2026
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Description

This book explores discretionary decision-making in migration systems in Europe. It investigates how European law influences the existence, exercise and effects of discretion.

Firstly, it argues that national lawmakers often regard discretionary decision-making as the most viable option to accommodate standards of European law in their national migration systems. Secondly, the book shows how the exercise of this power has changed from an area of free choice to an instance of legally instructed decision-making. Ultimately, it illustrates how both the proliferation and transformation of discretionary decision-making have improved the legal position of migrants in the European Union, providing a compelling interpretation of a key field of EU law.

Table of Contents

1. Discretion in European Migration Law: Misfit, Necessity, Virtue?
2. Discretion: A conceptual Approximation
3. Discretion in European Migration Law: Persistence and Targeted Consolidation
4. The Transformation of the Exercise of Discretion
5. Discretion and the Legal Position of Migrants
6. Conclusion: The Hidden Virtues of Discretion in European Migration Law

Product details

Published 14 May 2026
Format Ebook (Epub & Mobi)
Edition 1st
Extent 224
ISBN 9781509984183
Imprint Hart Publishing
Series Modern Studies in European Law
Publisher Bloomsbury Publishing

About the contributors

Author

Jonas Bornemann

Jonas Bornemann is Researcher at the National Cent…

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