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The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration

Tsourdi, Evangelia (Lilian) ; Ott, Andrea and Vankova, Zvezda LU orcid (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:
author
; and
organization
publishing date
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}},
}