EU Immigration Policy and International Protection: EU Joint Border Control and International Obligations

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1 EU Immigration Policy and International Protection: EU Joint Border Control and International Obligations Dr. Seline Trevisanut University of Cagliari Dipartimento di diritto pubblico e studi sociali seline.trevisanut@yahoo.com

2 Lesson 1: Legal basis of EU border management policy and frontex activities Lesson 2: Frontex joint patrols (at sea) and international law Lesson 3: Frontex joint patrols and international protection

3 Lesson 1 5 July 2010 Legal basis of EU border management policy and Frontex activities

4 Table of content 1. EU policy for the management external border : a historical and legal framework 2. The Frontex: institutional framework 3. Frontex activities: externalisation/extraterritorialization of the external border

5 EU policy for the management of the external borders 1957 EEC: internal market 1985 Schengen Convention 1987 Single European Act: idea of abolishing internal border controls 1990 Schengen Agreements

6 1992 Maastricht Treaty: abolishment of internal border controls 1997 Amsterdam Treaty: Schengen acquis Cross-pillarisation Legislative proliferation

7 ARGO Programme (2002) AENEAS Programme (2004) Creation of the Frontex (2004) Adoption of the Schengen Borders Code (2006) Relationship with the European Neighbourhood Policy (ENP)

8 Security imperatives Societal security concerns the ability of a society to persist in its essential character under changing conditions and possible or actual threats. More specifically, it is about the sustainability, within acceptable conditions for evolution, of traditional patterns of language, culture, association, and religious and national identity and customs (Waever, 1993)

9 Draft Internal Security Strategy for the European Union: "Towards a European Security Model (23 February 2010)

10 The Frontex Composition Management Board (art. 21) Executive Director (art. 20) It has legal personality (art. 15) Cooperation with other EU agencies and international organisations (art. 13) and authorities of Third countries (art. 14)

11 Frontex activities Art. 2 Coordination Assistance (technical and operational) Risk analyses Art. 3 Joint operations and pilot projects at external borders

12 The entry into force of the Lisbon Treaty: art. 77 TFEU an integrated management system Wider powers Legal basis for other activities not strictly related to border checks and surveillance Accountability and judicial review (art. 263 TFEU)

13 Creation of the Committee on Operational Cooperation on Internal Security (COSI) Rapid Border Intervention Teams (RABITs) (reg. 863/2007)

14 Future institutional developments: Proposal for a regulation amending Council Regulation (EC) No 2007/2004, COM(2010) 61 final Legal bases: arts 74 and 77(1)(b)-(c) TFEU Clarification of the legal framework: explicit reference to international law and international obligations New powers

15 Budget development Frontex, General Report 2009, p EUR 1000

16

17 Frontex, General Report 2009, p. 23

18 Operational activities at sea 2009 Name Operational Area Length Countries Participating (days) RP Poseidon 2009 Eastern Mediterranean 365 Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Romania, Slovakia, Slovenia, Sweden, United Kingdom EPN-Hera Atlantic Ocean' waters Denmark, France, Luxembourg, 2009 between North Western African 365 Italy, Portugal, Spain countries and Canary Islands EPN-Nautilus 2009 Central Mediterranean 172 Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Malta, Portugal,Romania, United Kingdom EPN-Hermes France, Germany, Italy, Norway, 2009 Central Mediterranean 184 Portugal, Slovakia, Spain EPN-Minerva 2009 Western Mediterranean 39 Austria, Belgium, Finland, France, Germany, Malta, Netherlands, Norway Portugal, Spain

19 Some remarks and critics concerning the Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration (2998th JHA Council meeting, Brussels, 25 and 26 February 2010)

20 Underlining that all measures and actions taken as a consequence of these conclusions shall fully respect human rights, the protection of persons in need of international protection and the principle of non-refoulement (para (e))

21 Externalisation extra-territorialisation de-territorialisation? Police of remote control (Guild, Bigo, 2010) Lack of coherence in EU international protection policy The right to emigrate (art UDHR) Co-operation Agreements with IOs and other EU Agencies

22 Which governance for EU external borders?

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