The Informal Turn: Soft Law Regulatory Frameworks in European Union External Relations

Abstract

Soft law has become an increasingly prevalent regulatory framework for the external dimension of various areas of European Union (EU) Law, particularly in areas with geopolitical sensitivity and policy urgency, such as migration. This article explains whether the external dimension of migration constitutes an isolated area in which soft law has become increasingly popular. Accordingly, the article advances two claims. Empirically drawing on a comprehensive survey of instruments from 1974 to 2019, this article compares three areas, such as migration, trade, and enlargement, in which soft law has been especially used. Normatively, it examines the risks that the use of soft law regulatory frameworks poses to institutional and procedural safeguards.