Melki in Context: Algeria and European Legal Integration

Bill Davies and Fernanda Nicola, Eds, EU LAW STORIES: CONTEXTUAL AND CRITICAL HISTORIES OF EUROPEAN JURISPRUDENCE, Cambridge University Press, 2016, Forthcoming

Boston Univ. School of Law, Public Law Research Paper No. 15-23

20 Pages Posted: 16 Jun 2015

See all articles by Daniela Caruso

Daniela Caruso

Boston University School of Law

Joanna Geneve

Davis Polk & Wardwell LLP

Date Written: June 15, 2015

Abstract

This is a chapter prepared for the volume: Bill Davies and Fernanda Nicola Eds., EU LAW STORIES: CONTEXTUAL AND CRITICAL HISTORIES OF EUROPEAN JURISPRUDENCE, Cambridge University Press, forthcoming 2016. In line with the spirit of the book, this chapter tells the story of Melki – a landmark case in the jurisprudence of the CJEU, in a novel way and connects the individual journey of Mr. Melki to the broader context of north-south relations. Besides recounting the lawyerly strategy of Melki’s pro-bono counsel and the predicament of Algerian sans-papiers in France, the chapter aims to contribute to the literature on the structural causes of north-bound economic migration, upon which Melki is grounded. Towards this goal, it analyzes in historical perspective the evolving trade and cooperation deals between the European Union and Algeria. Starting with the late 1950s, when Algeria was a part (though not a member state) of the European Economic Community, the chapter recalls crucial episodes in the history of EU-Algeria relations, which exemplify structural problems and contradictions in the EU’s policies vis-à-vis North Africa. Part III of this chapter builds on our piece “Trade and History: The Case of EU-Algeria Relations” published on line by the Boston University International Law Journal (February 2015).

Keywords: Court of Justice of the European Union, Algeria, Economic Migration, European Neighborhood Policy, Legal History, Trade Agreements, Cooperation, Wine Trade

JEL Classification: K19, K39, K49

Suggested Citation

Caruso, Daniela and Geneve, Joanna, Melki in Context: Algeria and European Legal Integration (June 15, 2015). Bill Davies and Fernanda Nicola, Eds, EU LAW STORIES: CONTEXTUAL AND CRITICAL HISTORIES OF EUROPEAN JURISPRUDENCE, Cambridge University Press, 2016, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-23, Available at SSRN: https://ssrn.com/abstract=2618544

Daniela Caruso (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-7024 (Phone)
617-353-3077 (Fax)

Joanna Geneve

Davis Polk & Wardwell LLP ( email )

450 Lexington Ave.
New York, NY 10017
United States

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