This article demonstrates how migration crises enable soft law use in governance, undermining oversight in Tunisia.
European migration governance has become structured around crisis-driven managerialism. Focusing on the EU–Tunisia Memorandum of Understanding, this article argues that migration crises legitimise executive-led, efficiency-oriented governance and the increasing use of soft law instruments. It demonstrates how this managerial turn restructures the legal conditions of EU external action by displacing parliamentary oversight, judicial review, and ex ante human rights assessment. Through analysis of the role of Team Europe, the European Parliament’s marginalisation, and the European Ombudsman’s inquiry, the article shows that softification produces a de facto suspension of constitutional guarantees, with structural implications for the EU rule of law.
No takes yet. Share an insight, caveat, or question.
Martino Reviglio (2026) studied this question.
Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context: