Sovereignty and Migration

Sarolea, Sylvie [UCL]

Sovereignty and migration are two concepts often used together. Most of the scholars working of migration, as well as practitioners, are confronted to the argument of the sovereignty. This is not only the case in common language, for example in political speeches, but also in law, notably in jurisprudence. Sovereignty is invoked to limit migrants’ rights or their ability to claim them, including in court. It is therefore essential to look at this concept of sovereignty, to understand it properly, to determine its influence and to identify the issues it raises. As one of the subtitles suggests, drawing on the interrogative phrase myth or reality, sovereignty is both present and has implications in migration law, while, in the same time, its legitimacy is otherwise contested. Sovereignty may be a myth because of the fragility of its legal foundations, but it is still a reality.