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/9780198701002.003.0002
- Subject:
- Law, Human Rights and Immigration
Since the communautarisation of the Schengen acquis, the EU is meant to build a system of ‘integrated border management’ (IBM) to help ensuring the administration of migratory flows ‘at all their ...
More
Since the communautarisation of the Schengen acquis, the EU is meant to build a system of ‘integrated border management’ (IBM) to help ensuring the administration of migratory flows ‘at all their stages’. The idea is that effective entry control cannot be based solely on checks at the external borders of the Member States but ‘must cover every step taken by a third country national from the time he begins his journey to the time he reaches his destination’. EU entry/pre-entry controls thus comprise a series of extraterritorial measures carried out abroad. This chapter describes this evolution in detail. It traces the origins and development of IBM, covering institutional, constitutional, as well as legal and political changes to the present day. The recognition that the ‘strengthening of European border controls should not prevent access to protection systems by those people entitled to benefit under them’ is introduced also at this stage, providing the starting point to the entire research.Less
Since the communautarisation of the Schengen acquis, the EU is meant to build a system of ‘integrated border management’ (IBM) to help ensuring the administration of migratory flows ‘at all their stages’. The idea is that effective entry control cannot be based solely on checks at the external borders of the Member States but ‘must cover every step taken by a third country national from the time he begins his journey to the time he reaches his destination’. EU entry/pre-entry controls thus comprise a series of extraterritorial measures carried out abroad. This chapter describes this evolution in detail. It traces the origins and development of IBM, covering institutional, constitutional, as well as legal and political changes to the present day. The recognition that the ‘strengthening of European border controls should not prevent access to protection systems by those people entitled to benefit under them’ is introduced also at this stage, providing the starting point to the entire research.
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 ...
More
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.
