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:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198701002.003.0011
- Subject:
- Law, Human Rights and Immigration
This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in ...
More
This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in relation to pre-border controls. It emphasizes how the general references to human rights and refugee law introduced in each of the instruments analyzed in Part I are insufficient to guarantee the rights identified in Part II. While ‘integrated border management’ (IBM) measures include some recognition of their potential impact on access to asylum in the Member States, no provision is made for adequate procedures and remedies through which compliance with the protection obligations imposed by EU law would be ensured in practice. On this basis, the chapter closes with a final assessment of IBM tools as currently operationalised, suggesting that either these be adapted to the fundamental rights acquis or abandoned as incompatible with the founding values of the EU.Less
This chapter summarizes the overall conclusions to which the findings arrived at in previous chapters lead. The research points to a persistent disregard of the particular position of exiles in relation to pre-border controls. It emphasizes how the general references to human rights and refugee law introduced in each of the instruments analyzed in Part I are insufficient to guarantee the rights identified in Part II. While ‘integrated border management’ (IBM) measures include some recognition of their potential impact on access to asylum in the Member States, no provision is made for adequate procedures and remedies through which compliance with the protection obligations imposed by EU law would be ensured in practice. On this basis, the chapter closes with a final assessment of IBM tools as currently operationalised, suggesting that either these be adapted to the fundamental rights acquis or abandoned as incompatible with the founding values of the EU.
