Violeta Moreno-Lax
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198701002
- eISBN:
- 9780191770517
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198701002.001.0001
- Subject:
- Law, Human Rights and Immigration
This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of ...
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This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.Less
This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.
Violeta Moreno-Lax
- Published in print:
- 2017
- Published Online:
- October 2017
- ISBN:
- 9780198701002
- eISBN:
- 9780191770517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198701002.003.0005
- Subject:
- Law, Human Rights and Immigration
Member States started adopting carrier liability regulations from the mid-1980s, seemingly as a direct response to increasing numbers of asylum requests, with immigration liaison officer (ILO) ...
More
Member States started adopting carrier liability regulations from the mid-1980s, seemingly as a direct response to increasing numbers of asylum requests, with immigration liaison officer (ILO) schemes proliferating afterwards. Techniques of ‘remote control’ have now been communautarised, providing an additional layer of control. Both carriers and ILOs have privileged access to migrants bound to the EU already at the pre-entry phase. Making them responsible for the anticipated enforcement of visas has the potential to block lines of regular (and safe) access to those in need of international protection. This chapter is concerned with these developments. It analyses carrier sanctions and ILOs legislation, comparing the EU regime with its international counterparts. The review encompasses the pre- and post-Schengen periods as well as recent innovations concerning the automated treatment and transfer of advance passenger information (API) and the creation of ‘Frontex liaison officers’. The impact of carrier sanctions and ILO activities on refugee flows is scrutinized at the end, pointing at a structural incompatibility of advance border enforcement, through a model of ‘imperfect delegation’/’hidden coercion’, with basic guarantees against denial of entry.Less
Member States started adopting carrier liability regulations from the mid-1980s, seemingly as a direct response to increasing numbers of asylum requests, with immigration liaison officer (ILO) schemes proliferating afterwards. Techniques of ‘remote control’ have now been communautarised, providing an additional layer of control. Both carriers and ILOs have privileged access to migrants bound to the EU already at the pre-entry phase. Making them responsible for the anticipated enforcement of visas has the potential to block lines of regular (and safe) access to those in need of international protection. This chapter is concerned with these developments. It analyses carrier sanctions and ILOs legislation, comparing the EU regime with its international counterparts. The review encompasses the pre- and post-Schengen periods as well as recent innovations concerning the automated treatment and transfer of advance passenger information (API) and the creation of ‘Frontex liaison officers’. The impact of carrier sanctions and ILO activities on refugee flows is scrutinized at the end, pointing at a structural incompatibility of advance border enforcement, through a model of ‘imperfect delegation’/’hidden coercion’, with basic guarantees against denial of entry.
