ABSTRACT
This chapter critically examines the role of discretion within the intra-Schengen mobility regime, using Foucault's concept of dispositif as a guiding framework. It explores how discretion functions within the broader European Migration Regime, particularly in the interdependent mechanisms of law, politics, and governance. This chapter argues that discretion plays a crucial role in the operation of the intra-Schengen mobility control apparatus by allowing flexibility in decision-making across multiple levels, from legislative bodies to street-level enforcement officers. Through an analysis of how discretion is both shaped by and contributes to the dynamic nature of the dispositif, this chapter highlights the socio-legal implications of discretionary power in regulating border practices and migration control. It also reflects on the potential for discretion to create inconsistency while acknowledging its necessity for the apparatus to adapt to unforeseen events and changing conditions. Furthermore, this chapter sets the stage for understanding discretion as a multi-level phenomenon, operating top-down, bottom-up, and in-between.
