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Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.
In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
Border control, surveillance operations and expulsion of irregular immigrants--particularly through return flights--can pose serious human rights challenges. This book, prepared by the Brussels-based think tank Centre for European Policy Studies, examines whether Europe is properly equipped to ensure effective access to remedies for alleged rights violations or possible abuses of force against immigrants and asylum seekers. It sheds light on the fragmentation of the human rights accountability regimes and shows that while the 'law on the books' may formally recognise a set of fundamental rights for immigrants and asylum seekers, the 'law in practice' does not necessarily offer adequate complaint mechanisms in many European countries. Finally, the book sets out a number of policy recommendations, paying particular attention to addressing human rights accountability issues in the context of activities undertaken by the new European Border and Coast Guard (Frontex).
Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.