The title of the study is: 'Executive supremacy? Executive lawmaking in migration law?' Migration law has a major impact on the lives of migrants. It determines where, when and with whom they may live and work. This area of law is part of administrative law, where legislative powers are often transferred from the legislature to the executive, the administration. While this is inevitable in many cases, it also creates tension with the rule of law. After all, in a rule of law, the power of government should be limited by laws to protect freedom.
Continue research oration
In this research project, which stems from her inaugural lecture, Slingenberg investigates whether the legislative power of government in migration law is sufficiently circumscribed to prevent arbitrary exercise of power. Because of its exceptional intrusiveness, this is particularly important in this area of law. Slingenberg says: "The Vidi funding enables me to implement the research agenda I outlined in my inaugural lecture in the coming years."
Research method
Slingenberg will first empirically map the extent of the executive's legislative power in migration law. This will be done by systematically analysing legal texts within three sub-areas: detention, income (reception and work), and family reunification, in both Dutch and Union law. In addition, data from Dutch law is compared with Germany, Dutch welfare law and with historical data, since 1965. It then assesses whether these powers are sufficiently constrained, both legally and theoretically.
Impact of research
The expected outcomes of the study include a detailed overview of the extent of executive lawmaking in migration law and a normative framework of assessment that contributes to strengthening the rule of law in this area of law. "This is crucial for both the legitimacy of rules and the freedom and dignity of migrants," Slingenberg said. Moreover, the findings may also be relevant to other areas of administrative law (such as social security law or tax law).
Research touches topicality
Slingenberg used activating state emergency law as an example in her research proposal to show how executive legislation law can be problematic. "I could not have foreseen that precisely this example would become topical". At the same time, Slingenberg shows that the more regular delegation of legislative power to the administration can also be problematic in migration law. "In migration law, we usually look mainly at the content of the rules; it is important to start looking at the form of the rules as well".
Vidi
The Vidi funding will allow Slingenberg, together with a PhD student and a postdoc, to contribute in the coming years to a better understanding of the balance between executive and legislative power within migration law.
Vidi is aimed at experienced researchers who have successfully conducted research for several years after completing their PhD. Together with the Veni and Vici grants, Vidi is part of the NWO Talent Programme. They receive in total 86,7 million euros.