@misc{9227035,
  abstract     = {{This thesis examines how the Swedish implementation of the new border procedures, as part of the new EU Pact on Migration and Asylum, may affect asylum seekers’ right to liberty under Article 5 of the European Convention on Human Rights. The focus is on the screening procedure, the asylum border procedure and the return border procedure, which together create a new pre-entry phase when arriving to the Union.

The Pact relies on the legal fiction of “non-entry”, meaning that asylum seekers may be physically present in a Member State while legally treated as not having entered the territory. To maintain this fiction, applicants may be required to remain at or near the border, in transit zones or in other designated locations. Although such measures do not automatically amount to detention, they may do so if the person cannot realistically leave or is subject to strict control for a prolonged period. The Swedish implementation reinforces this risk. Sweden has not previously used asylum border procedures in this way, but the memorandum concerning the implementation of the Pact suggests a broad application. During screening, the obligation to remain may last up to 24 hours, without clear rules on how accommodation during
this period differs from detention. In border procedures, applicants may be required to stay at a specific location and may also be detained to determine their right to enter the country.

The thesis concludes that the implementation will lead to more far-reaching restrictions on asylum seekers’ freedom of movement in Sweden than under the current system. It also increases the risk of both formal detention and de
facto detention. Whether this results in violations of Article 5 will depend on how the rules are applied in practice. To remain compatible with the Convention, Swedish law must ensure clear and foreseeable legal rules, individual assessments, effective remedies, independent review and genuine consideration of less coercive alternatives.}},
  author       = {{Jonsson, Julia}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Liberty at the Border - The Swedish Implementation of the EU’s New Border Procedures and Its Compliance with the Right to Liberty}},
  year         = {{2026}},
}