Projects
The Role of Courts in Shaping Migrants' Rights (MUNI/J/0815/2021) led by Dr. Madalina Moraru as lead investigator is funded by Masaryk University and its Research Support Programme MUNI Award in Science and Humanities JUNIOR. It advances a breakthrough research vision of systematically and coherently analysing the role played by domestic and supranational courts in the global migration governance. In particular it will analyse how courts are de facto playing a role in the migration law-making and policy-making arenas, ensuring the respect of rule of law and fundamental rights. Its aims is to study courts’ activism or stasis in the immigration domain in the last few decades in order to enquire about: (1) the role that courts have acquired in the domain; (2) whether, through their case-law, courts have contributed to upholding states’ dominant restrictive trends of current migration legislation and policies displayed throughout Europe or whether they have challenged such legal paradigms based on international, supranational and constitutional norms; and (3) which are the core principles courts have been invoking in their legal reasoning when assessing migration governance instruments.