The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration
(2022) In European Papers 7(1). p.87-108- 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 themati-cally, 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... (More)
- 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 themati-cally, 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 na-tional levels) administrative integration as a prevailing mode of policy implementation at the EU’s bor-ders and reflect on the implications, including both challenges and opportunities, of this develop-ment. Finally, we scrutinise the Commission’s proposals as part of a New Pact on Migration and Asy-lum 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 fundamen-tal rights and procedural guarantees. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/381d8631-ad49-41ea-bbf2-3888f27fdb5e
- author
- Tsourdi, Evangelia (Lilian) ; Ott, Andrea and Vankova, Zvezda LU
- organization
- publishing date
- 2022
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU law, Migration law, Asylum law, EU-rätt
- in
- European Papers
- volume
- 7
- issue
- 1
- pages
- 87 - 108
- publisher
- European Paper
- external identifiers
-
- scopus:85135042953
- ISSN
- 2499-8249
- DOI
- 10.15166/2499-8249/549
- project
- Refugees as Migrant Workers. Labour Migration as Alternative for Refugee Protection in the EU Context?
- language
- English
- LU publication?
- yes
- id
- 381d8631-ad49-41ea-bbf2-3888f27fdb5e
- date added to LUP
- 2022-02-09 13:24:26
- date last changed
- 2022-10-12 15:40:59
@article{381d8631-ad49-41ea-bbf2-3888f27fdb5e, 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 themati-cally, 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 na-tional levels) administrative integration as a prevailing mode of policy implementation at the EU’s bor-ders and reflect on the implications, including both challenges and opportunities, of this develop-ment. Finally, we scrutinise the Commission’s proposals as part of a New Pact on Migration and Asy-lum 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 fundamen-tal rights and procedural guarantees.}}, author = {{Tsourdi, Evangelia (Lilian) and Ott, Andrea and Vankova, Zvezda}}, issn = {{2499-8249}}, keywords = {{EU law; Migration law; Asylum law; EU-rätt}}, language = {{eng}}, number = {{1}}, pages = {{87--108}}, publisher = {{European Paper}}, series = {{European Papers}}, title = {{The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration}}, url = {{http://dx.doi.org/10.15166/2499-8249/549}}, doi = {{10.15166/2499-8249/549}}, volume = {{7}}, year = {{2022}}, }