Undermining the Rule of Law from Within: The Erosion of the EU Legal Integrity through the Negotiation and Implementation of the New Pact on Migration and Asylum

This paper proposal investigates how the EU’s legal integrity is being eroded by the expansion of agency powers and the introduction of stricter migration rules under the New Pact on Migration and Asylum. It focuses on the growing roles and competencies of Europol, Eurojust and Frontex, examining their increased involvement in migration and asylum policies, and the potential impact on the rule of law. As these agencies gain more influence, the paper will explore the delegation of functions traditionally held by national authorities, and the risks this presents to fundamental legal standards within the EU. The paper’s primary objective is to critically evaluate the regulatory reforms introduced by the New Pact and their impact on the competencies of Europol, Eurojust and Frontex. This will involve evaluating how their new functions and extended mandates stretch beyond their original legal frameworks, particularly in areas such as border management, asylum procedures, and countering irregular migration. The growing operational reach of these agencies could lead to a shift in the balance of power, concentrating more authority in unelected, non-parliamentary bodies and thus weakening democratic controls. The second objective is to examine the adequacy of safeguards, particularly regarding the protection of personal data and the proportionality of agency activities. Although the New Pact aims to improve the management of migration, concerns have been raised that expanding the agency’s powers could undermine privacy and data protection standards, thereby increasing the risk of surveillance, discrimination or arbitrary detention for individuals. This paper will explore whether these powers are effectively checked, and whether they comply with the principle of proportionality, which is central to EU law. The research will also investigate these agencies’ relations with third parties, including non-EU countries and private entities. By analysing the legal frameworks governing these partnerships, the study will scrutinise the agreements made with third parties and assess the practical impact of such collaborations. A critical component of the analysis will be the extent to which the agencies’ interactions with external actors align with EU legal standards and values, as well as the potential contradictions and gaps between internal EU policies and its external actions. A central hypothesis of the research is that the New Pact on Migration and Asylum poses a significant threat to the rule of law in the EU due to compromises made with illiberal States and political pressures for adopting stricter migration rules. Accommodating the demands of these States has diluted the legal and democratic safeguards that the EU has historically championed, thereby undermining its own legal framework and its international reputation as a defender of the rule of law. The enhanced authority of these agencies, combined with weakened legal oversight, threatens key principles such as accountability, transparency and the protection of individual rights