Boston University School of Law
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, May 2017. 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).
Daniela Caruso & Joanna Geneve,
Melki in Context: Algeria and European Legal Integration,
Boston University School of Law, Public Law & Legal Theory Research Paper
Available at: https://scholarship.law.bu.edu/faculty_scholarship/69