分科会報告
CJEUの司法管轄権の拡大と移民・庇護申請者領域への影響
―司法管轄権の拡大から10年間の検討と理論的含意―
2022 年 2022 巻 42 号 p. 97-
詳細
2022 年 2022 巻 42 号 p. 97-
In 2009, when the Lisbon Treaty came into force, the jurisprudence of the Court of Justice of the European Union （CJEU） expanded even in the migration and asylum seekers policy areas. That seems to be a significant change because these policy areas are recognized as fundamentally crucial for member states, and reinforcing the CJEU role would restrict the autonomy of member states. This expansion is exemplified by the increasing accumulation of CJEU case laws, particularly by the case laws of preliminary rulings.
This article examines the effect of the expansion of the CJEU in the policy areas, where member states keep their autonomy against European Union （EU） organizations. In particular, we question if this expansion has transformed the nature of the relationships between member states and the EU.
To achieve this goal, this article provides a case study of the case laws of the CJEU, taking "the EU Return Directive" as a research target. "The EU Return Directive" is essentially important because we can see the conflicting relationships between member states, which try to keep their policy autonomy, and EU organizations, which try to protect the fundamental human rights of immigrants. In particular, the study focuses on the case laws of CJEU, identifying which case laws are essential for the development of this policy area by quantitative and qualitative analyses.
In conclusion, two implications are obtained. Firstly, there are case laws that prevent the governments' actions and the implementation of their domestic laws. These case laws are expected to affect the protection of fundamental human rights of immigrants positively by preliminary rulings. Secondly, however, there is still a diversity of policy implementation among member states without sufficient policy harmonization. As a result, the EU Return Policy has involved ineffective systems, and the expansion of the CJEU has not transformed the nature of the relationships between member states and the EU.
