Which Borders for the EU Immigration Policy? Yardsticks of International Protection for EU Joint Borders Management

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Abstract

This chapter analyses and comments on the legal framework regulating Frontex activities and the relevant practice in order to assess their compliance with international protection obligations. Analysis of the composition and functions of Frontex highlights how European Union (EU) member states still control the decision-making process and the operative activities. The review of the relevant practice (with a focus on Frontex joint operations) shows how participating states violate, or may violate, obligations deriving from human rights and asylum law. This chapter affirms that there is currently a political and legal momentum for directing EU policy in the fields of irregular immigration and external borders towards an enhanced respect and enforcement of international protection obligations, and towards better governance of EU external borders.
Original languageEnglish
Title of host publicationEU Migration Law, Legal Complexities and Political Rationales
EditorsL. Azoulai, K. de Vries
PublisherOxford University Press
Pages106-148
ISBN (Electronic)9780191779497
ISBN (Print)978-0-19-870853-7
DOIs
Publication statusPublished - 2014

Publication series

NameCollected Courses of the Academy of European Law
PublisherOxford University Press
Number2
Volume21

Keywords

  • EU external borders
  • Frontex
  • international protection
  • joint patrols
  • human rights at sea
  • search and rescue
  • non-refoulement

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