Watching the Guards: Ensuring Compliance with Fundamental Rights at the External Borders

European Law Journal, 'The External Borders of the European Union: Between a Rule of Law Crisis, And Accountability Gaps' (Eds: L. Marin, M. Gkliati and S. Nicolosi), 2023

16 Pages Posted: 29 Dec 2023

See all articles by Jorrit J. Rijpma

Jorrit J. Rijpma

Leiden University - Leiden Law School; Leiden University - Europa Institute

Date Written: July 14, 2023

Abstract

This article examines the means the Commission has at its disposal to address non-compliance with the Schengen borders acquis in general, and with fundamental rights at the external borders in specific. First, it will look at the Commission’s enforcement powers under primary law, most importantly the infringement procedure. Second, it will examine two alternative instruments aimed to ensure compliance with the Schengen (border) rules, namely the Schengen Evaluation and Monitoring Mechanism (SEMM) and the Vulnerability Assessment Mechanism (VAM). Third, it will examine to what extent conditionality can be applied to the EU’s funding instruments for the management of immigration, asylum and external borders as a means of enforcing compliance with the Schengen acquis, and in particular the role of national border monitoring mechanisms. It will show that although alternative forms of compliance management may improve the oversight over Member States’ implementation of EU law, when it comes to ensuring the respect for fundamental rights, they can at best complement the Commission’s enforcement powers.

Keywords: External Borders, EU Law, Accountability

Suggested Citation

Rijpma, Jorrit J., Watching the Guards: Ensuring Compliance with Fundamental Rights at the External Borders (July 14, 2023). European Law Journal, 'The External Borders of the European Union: Between a Rule of Law Crisis, And Accountability Gaps' (Eds: L. Marin, M. Gkliati and S. Nicolosi), 2023, Available at SSRN: https://ssrn.com/abstract=4649485 or http://dx.doi.org/10.2139/ssrn.4649485

Jorrit J. Rijpma (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Leiden University - Europa Institute

Steenschuur 25
Leiden, 2311ES
Netherlands

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