'The Migration Crisis and the European Union Border Regime'
In Marise Cremona and Joanne Scott (eds), EU Law Beyond EU Borders: The Extraterritorial Reach of EU Law (OUP, 2019)
31 Pages Posted: 3 Jun 2019 Last revised: 4 Jun 2019
Date Written: January 1, 2019
This paper is concerned with the various ways in which the migration crisis since the Arab Spring of 2011 has re-shaped the reach of EU border control regime. Within the EU framework, Frontex has acquired a greater role, while Schengen states have new powers to re-introduce internal border controls. In the external sphere, the EU now co-operates with a broader range of third states – Libya and Turkey most prominently - while developing more extensive forms of cooperation with them. The chapter will argue that this pattern - incremental internal changes and hyperactivity in the external sphere - is a product of intergovernmental constraints upon EU policy in a core area of member state sovereignty. The avoidance by Member States of legal responsibility for asylum applicants and other migrants is a further reason for the preference for externalisation.
Keywords: extraterritorial, asylum, migration crisis, externalisation, readmission, Schengen, Frontex
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