Since the Treaty of Amsterdam, European Union member states have committed to developing a common European asylum and migration policy. While some argue this means states are losing their ability to exercise control over (im)migration,... more
Since the Treaty of Amsterdam, European Union member states have committed to developing a common European asylum and migration policy. While some argue this means states are losing their ability to exercise control over (im)migration, others argue this transfer of power is rather a reassertion of states’ sovereignty. Under the latter assumption, states are reaffirming their power of control by choosing to pool sovereignty to the Union level while, at the same time, fulfilling national interest (material, security) by avoiding internal legal and political constraints associated to immigration policies. Traditionally, Czech Republic, Slovakia, Poland, and Hungary have been seen as policy-takers, pooling sovereignty to the Union level, and internally transforming their laws and policies – a consequence of their efforts to meet accession criteria earlier on. However, in the apex of the migration and refugee crisis, in 2015, these countries promptly showed their lack of commitment to the principle of solidarity and burden sharing and opposed to the mandatory relocation system put in place by the Union. Is this an indication these countries are moving from being “policy-takers” to become “policy- makers” in the EU? This paper addresses this question. By looking at mechanisms of policy diffusion and to the measures taken by these countries, I suggest that we must be cautious when talking about policy change because these countries are too legally and institutionally constrained in order to become policy-makers on their own or as a group.
