The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration
(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 87-108 | Article | (Table of Contents) I. EU's shifting borders: an introduction. - II. Protecting borders and respecting human rights. - II.1. How to reconcile diverging constitutional objectives in light of hy...
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| Format: | Article |
| Language: | English |
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European Papers (www.europeanpapers.eu)
2022-05-01
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| Series: | European Papers |
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| Online Access: | https://www.europeanpapers.eu/en/e-journal/eu-shifting-borders-reconsidered-externalisation-constitutionalisation-administrative-integration |
| _version_ | 1828816444036481024 |
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| author | Evangelia Tsourdi Andrea Ott Zvezda Vankova |
| author_facet | Evangelia Tsourdi Andrea Ott Zvezda Vankova |
| author_sort | Evangelia Tsourdi |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 87-108 | Article | (Table of Contents) I. EU's shifting borders: an introduction. - II. Protecting borders and respecting human rights. - II.1. How to reconcile diverging constitutional objectives in light of hybridity and informality? - II.2. Which way forward with accountability? - III. EU's external borders: of administrative integration and the physical and legal infrastructures of deflection. - III.1. Hotspots as incubators of liminality and of an emerging European integrated administration. - III.2. Beyond hotspots: securitisation and deflection of "risky" migrants. - III.3. Screening, border asylum procedures, and streamlined returns: what's "new" in the new pact on migration and asylum? - IV. Overview of contributions. | (Abstract) Borders have gone far beyond their traditional static function of merely demarcating nation-states. Alongside physical border barriers, such as walls and barbwire fences, new technologies driven by sophisticated legal innovations have contributed to the multiplicity of border controls. These legal techniques have turned the border into an individualised moving barrier, conceptualized as a "shifting border" by Ayelet Shachar. Against this backdrop, this Article introduces, conceptually and thematically, the contributions to this Special Section which critically assess the paradigm of the shifting border in the EU and analyse its implications. We first map out intricate legal issues invoked by the rise of hybridity and informality in the EU's cooperation with third countries on migration and the resulting accountability deficit. Next, we scrutinize the physical and legal infrastructures of mobility regulation (and often deflection) that are currently employed at the EU's external territorial borders. We highlight the emergence of increasing horizontal (between the EU and national level) and vertical (across national levels) administrative integration as a prevailing mode of policy implementation at the EU's borders and reflect on the implications, including both challenges and opportunities, of this development. Finally, we scrutinise the Commission's proposals as part of a New Pact on Migration and Asylum with respect to the envisaged processes at the borders and the streamlining of external border control, asylum, and return in a seamless process finding that they create further risks for fundamental rights and procedural guarantees. |
| first_indexed | 2024-12-12T11:05:01Z |
| format | Article |
| id | doaj.art-d19b22cf9d824a23b8302e32e84d187b |
| institution | Directory Open Access Journal |
| issn | 2499-8249 |
| language | English |
| last_indexed | 2024-12-12T11:05:01Z |
| publishDate | 2022-05-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj.art-d19b22cf9d824a23b8302e32e84d187b2022-12-22T00:26:27ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492022-05-012022 718710810.15166/2499-8249/549The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative IntegrationEvangelia Tsourdi0Andrea Ott1Zvezda Vankova2Maastricht UniversityMaastricht UniversityLund University(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 87-108 | Article | (Table of Contents) I. EU's shifting borders: an introduction. - II. Protecting borders and respecting human rights. - II.1. How to reconcile diverging constitutional objectives in light of hybridity and informality? - II.2. Which way forward with accountability? - III. EU's external borders: of administrative integration and the physical and legal infrastructures of deflection. - III.1. Hotspots as incubators of liminality and of an emerging European integrated administration. - III.2. Beyond hotspots: securitisation and deflection of "risky" migrants. - III.3. Screening, border asylum procedures, and streamlined returns: what's "new" in the new pact on migration and asylum? - IV. Overview of contributions. | (Abstract) Borders have gone far beyond their traditional static function of merely demarcating nation-states. Alongside physical border barriers, such as walls and barbwire fences, new technologies driven by sophisticated legal innovations have contributed to the multiplicity of border controls. These legal techniques have turned the border into an individualised moving barrier, conceptualized as a "shifting border" by Ayelet Shachar. Against this backdrop, this Article introduces, conceptually and thematically, the contributions to this Special Section which critically assess the paradigm of the shifting border in the EU and analyse its implications. We first map out intricate legal issues invoked by the rise of hybridity and informality in the EU's cooperation with third countries on migration and the resulting accountability deficit. Next, we scrutinize the physical and legal infrastructures of mobility regulation (and often deflection) that are currently employed at the EU's external territorial borders. We highlight the emergence of increasing horizontal (between the EU and national level) and vertical (across national levels) administrative integration as a prevailing mode of policy implementation at the EU's borders and reflect on the implications, including both challenges and opportunities, of this development. Finally, we scrutinise the Commission's proposals as part of a New Pact on Migration and Asylum with respect to the envisaged processes at the borders and the streamlining of external border control, asylum, and return in a seamless process finding that they create further risks for fundamental rights and procedural guarantees.https://www.europeanpapers.eu/en/e-journal/eu-shifting-borders-reconsidered-externalisation-constitutionalisation-administrative-integrationborderseu migration policyeu asylum policyexternalisationconstitutionalisationeu migration agencies |
| spellingShingle | Evangelia Tsourdi Andrea Ott Zvezda Vankova The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration European Papers borders eu migration policy eu asylum policy externalisation constitutionalisation eu migration agencies |
| title | The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration |
| title_full | The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration |
| title_fullStr | The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration |
| title_full_unstemmed | The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration |
| title_short | The EU's Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration |
| title_sort | eu s shifting borders reconsidered externalisation constitutionalisation and administrative integration |
| topic | borders eu migration policy eu asylum policy externalisation constitutionalisation eu migration agencies |
| url | https://www.europeanpapers.eu/en/e-journal/eu-shifting-borders-reconsidered-externalisation-constitutionalisation-administrative-integration |
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