Disintegration Through Law?

This is certainly not the most propitious time to publish a Journal on "Law and Integration". It is disintegration, not integration, that seems to be the dominant motive behind the contemporary events in Europe; it is the panacea offered to soothe the fears raised by the multiple crises which hold the present state of Europe in a tight grip; it is the invisible thread keeping together the anxieties which underlie the scholarly discussions about its future. It is not our task to determine the multifarious factors, of a social, political or cultural nature, which led to the current state of things. But the analysis of law as a possible disintegration factor would clearly be part of our brief. In all its aspects, the EU-Turkey Statement of 18 March 2016 on the large influx of migrants and asylum seekers in Greece seems to be exploiting the potentialities offered by international law as an alternative decision- making procedure within the EU legal system. This is not a completely unexplored road. The Brexit agreement, adopted by the Member States, acting within the European Council on 18 and 19 February 2016 equally seems to subvert the very mission of the founding treaties: to create an ever closer Union. Even with respect to this precedent, however, the EU-Turkey Statement seems to go one step further as it represents a visible example of the creeping modifications of the EU legal and political system, which almost inadvertently happens with the abdicant consent of the other political EU Institutions. This use of international instruments has the effect of disregarding the European institutional balance upon which the acquis européen has developed and which, with all its limits, constitutes the legacy of the first phase of the European integration. It may shift the centre of gravity to the Member States, the unmoved movers of the European legal universe. It may subdue the institutional pluralism, which has represented the hallmark of the political experience of the European integration, and create, instead, an institutional desert, where the political power is concentrated in the hand of the States acting through the European Council. It may mark the return to a Europe of sovereign States and the definite disappearance of the notion of a European public interest, of which we are in desperate need.