Legal Framework for EU Entry and Border Control Policies
published in: Kay Hailbronner and Daniel Thym (eds.): EU Immigration and Asylum Law. Commentary, 2nd edition (C.H. Beck/Hart/Nomos, 2016), pp. 31-51.
21 Pages Posted: 19 Jul 2016 Last revised: 29 Jul 2016
Date Written: May 18, 2016
The fundamentally revised and extended second edition of the ‘Commentary on EU Immigration and Asylum Law’ comprises four thematic introductions, which are written in the style of an advanced textbook and which are meant to help practitioners, doctoral students and academics who are not familiar with immigration and asylum law to orientate themselves in a highly complex and politically sensitive area of the law. The introduction into the ‘Legal Framework for Entry and Border Controls’ starts with general remarks on the evolution of the Schengen area and the opt-outs for the UK, Ireland and Denmark. It continues, on this basis, with one of the most detailed and reliable analyses of the scope of Union competences under Article 77 TFEU, whose provisions serve as the legal bases for supranational legislation on visas and border controls, including the move towards an integration management system. The contribution also introduces readers to overarching principles on cooperation with third countries and the maintenance of law and order under Article 72 TFEU. It concludes with a description of the international legal framework by focusing on whether there is a right to enter EU territory and discussing the (extra-)territorial scope of human rights guarantees.
Keywords: EU law, border controls, visas, Frontex, competences, human rights, interpretation
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