Main Debates
- Are states entitled to prevent arrival at their borders of persons seeking protection?
- Do the 1951 Geneva Convention and Article 3 of the ECHR create a right of access to territory?
Main Points
- The claim to state sovereignty as regards the control of borders
- Absence of a right to cross a border as such under international law
- Borders in asylum regions
EU Documents
- Regulation No 1052/2013/EC of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur).
- Regulation No 610/2013/EC of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council.
- Regulation No 1168/2011/EC of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, OJ L 304/1, 22 November 2011.
- Commission of the European Communities, Report on the Evaluation and Future Development of the FRONTEX Agency, COM (2008) 67.
- Regulation No 863/2007/EC of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers, OJ L 199, 31 July 2007.
- B Regulation No 562/2006/EC of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code).
- Council Regulation No 2007/2004/EC of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, OJ L 349/1, 25 November 2004.
- Council Resolution of 26 June 1997 on Unaccompanied Minors who are Nationals of Third Countries, OJ C 221, 19 July 1997.
UNHCR Document
- UNHCR, ’Observations on the European Commission’s proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX)’, COM (2010) 61 final.
- UNHCR, 'Protection Training Manual for European Border and Entry Officials', 1 April 2011.
Readings
Core
- S. Carrera, ‘Towards a Common European Border Service?’, CEPS Working Document No. 331, June 2010.
- House of Lords–European Union Committee, ‘Frontex, the EU external borders agency - Report with Evidence’, 9th Report of Session 2007–08.
- Meijers Committee, 'Views on the Commission Report on the Evaluation and Future Development of the FRONTEX Agency', COM (2008) 67 final, 4 April 2008.
Extended
- L. Den Hertog, ‘Fundamental rights and the extra-territorialization of EU border policy: a contradiction in terms?’, in D. Bigo et al., Foreigners, Refugees or Minorities? Rethinking People in the Context of Border Controls and Visas (Farnham: Ashgate, 2013).
- T. Gammeltoft-Hansen, ‘The Externalisation of European Migration Control and the Reach of International Refugee Law’, in E. Guild & P. Minderhoud, The First Decade of EU Migration and Asylum Law (Leiden, Martinus Nijhoff, 2011).
- R. Cholewinski, ‘No Right of Entry: The Legal Regime on Crossing the EU Border’, in K. Groenendijk, E. Guild, and P. Minderhoud (eds), In Search of Europe’s Borders (The Hague: Kluwer, 2003).
- E. Guild, ‘Jurisprudence of the ECHR: Lessons for the EU Asylum Policy’, in C. Dias Urbano de Sousa and P. de Bruycker (eds), The Emergence of a European Asylum Policy (Brussels: Bruylant, 2004), pp. 329–342.
- E. Haddad, ‘The External Dimension of EU Refugee Policy: a New Approach to Asylum?’, Government and Opposition, vol. 43, no. 2 (2008), pp. 190–205.
- S. Klepp, ‘A Contested Asylum System: The European Union between Refugee Protection and Border Control in the Mediterranean Sea’, European Journal of Migration and Law, vol. 12 (2010), pp. 1–21.
- V. Mitsilegas, J. Monar & W. Rees, The EU and Internal Security (Basingstoke: Palgrave/ Macmillan 2003), pp. 109–111.
- S. Peers, ‘Key Legislative Developments on Migration in the European Union: SIS II’, European Journal of Migration and Law, vol. 10 (2008), pp. 77–104.
- S. Horii, ‘It is about more than just Training: The Effect of Frontex Border Guard Training’, Refugee Survey Quarterly, vol. 31, no. 4 (2012), pp. 158-177.
Editor’s Note
See also the case Gebremedhin v. France in Section VI.1.2, and the Prague Airport case in Section VI.2.3.2.