The procedural side of migration in the EU. Building up democratic (and economic) resiliency through administrative flexibility

In dealing with migration a new constitutional and administrative flexibility is needed. Even administrative procedures are re-invented, as to become humane, effective, adaptive, resilient environments. They are therefore tailored on a case-by-case basis (one size doesn’t fit all), capable of being shortened or rather enlarged and extended beyond their traditional boundaries (i.e. according to a new concept of single procedure), interconnected to other procedures. This flexibility allows for smarter regulatory approaches and shows the functional side of EU’s Constitution. As the ECJ’s case law confirms, even due process rights need to be re-thought in the light of the new procedural flexibility provided by EU Law in the migration field. The paper aims at presenting the variety and novelty of these administrative procedures, raising some critical issues on the steps that still need to be put in place in order to build a greater unity and integration (and, maybe, an even closer Union).