European Union Law Immigration Others

The Hidden Virtues of Discretionary Power in European Migration Law

By Jonas Bornemann
New Arrival Hart Publishing May 2026

Specifications

ISBN-13
9781509984176
Publisher
Hart Publishing
Publication
May 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This book explores discretionary decision-making within different national legal systems, relating to European migration law.

Firstly, it argues that national lawmakers often view discretion as a necessary tool to accommodate the influences of European law in their national migration systems. Secondly, the book shows how the exercise of this power has changed. And 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
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