Legal Resilience against the Populist Assault on Migrants‘ Rights in Europe
The (renewed) rise of populism in Europe has a troubling impact on migrants‘ rights and on liberal democracy. Authoritarian populists in CEE countries have instrumentalized the 2015-2016 ‘migration crisis‘ to drum up support for their anti-liberal constitutional project, while drastically curbing the human rights of migrants and their supporters. In other parts of Europe, ethno-nationalist populists have been influential in steering governments (directly or indirectly) on an accelerated path towards undermining migrants‘ rights. Populists throughout Europe are also likely to seize upon the new wave of migration caused by the Russian Federation‘s unlawful war against Ukraine to, once initial support for Ukraine‘s plight has run its course, feed their anti-liberal projects. Against this troubling backdrop, the panel investigates the extent to which public law can provide for resilience against the populist assault on migrants‘ rights.