Research Interests: Humanities and Art
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Defence date: 23 November 2009Examining Board: Marise Cremona (EUI, Supervisor), Bruno de Witte (EUI), Jörg Monar (College of Europe), Steve Peers (University of Essex)First made available online 30 April 2021This thesis, starting from... more
Defence date: 23 November 2009Examining Board: Marise Cremona (EUI, Supervisor), Bruno de Witte (EUI), Jörg Monar (College of Europe), Steve Peers (University of Essex)First made available online 30 April 2021This thesis, starting from the premise that territorial borders retain their importance in public international law, examines in detail the EU's regulatory framework for the management of its external borders. It will argue that there are in fact two sets of external borders: those of the area in which the rules on the free movement of persons apply, and those of the Schengen area. The border crossing rights under the two corresponding sets of rules will be examined in detail. The focus will then shift to the broader Schengen rules for the management of the external borders. The thesis will discuss the rationale of the EU's interest in borders, the legislative acquis adopted, and the relation between legislation and executive action. An elaborate discussion on the organ...
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This contribution explains the European asylum policy crisis from three structural weaknesses of the Common European Asylum System: its reliance on coercion within the EU, its unrealistic expectations of what borders can achieve and the... more
This contribution explains the European asylum policy crisis from three structural weaknesses of the Common European Asylum System: its reliance on coercion within the EU, its unrealistic expectations of what borders can achieve and the premise of prohibition of refugee movement in its external dimension. The article then critically reviews the proposals that the EU has submitted since the publication of the European Migration Agenda in May 2015, in the light of recent developments.
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This study, which critically examines the Commission proposal for the establishment of a European Border and Coast Guard, was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at... more
This study, which critically examines the Commission proposal for the establishment of a European Border and Coast Guard, was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee. The proposal significantly reinforces Frontex’s regulatory and operational tasks and provides the Agency with an additional supervisory role. The proposal does not amend the fundamental premise of operational cooperation at the external borders, reserving executive enforcement powers to the Member States. Nonetheless, the concept of shared responsibility in the absence of shared accountability increases existing fundamental rights concerns.
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EU migration and asylum law, an area of administrative law par excellence, has from the moment that the EU acquired competences in this field, had a very strong external dimension. By looking at three areas of EU migration and asylum... more
EU migration and asylum law, an area of administrative law par excellence, has from the moment that the EU acquired competences in this field, had a very strong external dimension. By looking at three areas of EU migration and asylum policy: visa policy, refugee resettlement and border management through Frontex operational activity, it will be shown that, notwithstanding significant improvements, a restrictive interpretation of the scope of EU law and the multi-level structure of EU executive action continue to pose challenges in holding the EU and its Member States to account.
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- Visumverordening 539/2001 inzake lijsten bezit en vrijstelling visum (PB EG 2001 L 81/1): Visumverordening 539/2001 - Verordening 810/2009 vaststelling van een gemeenschappelijke visumcode (PB EU 2009, L, 243/1): Visumcode - Verordening... more
- Visumverordening 539/2001 inzake lijsten bezit en vrijstelling visum (PB EG 2001 L 81/1): Visumverordening 539/2001 - Verordening 810/2009 vaststelling van een gemeenschappelijke visumcode (PB EU 2009, L, 243/1): Visumcode - Verordening 562/2006 communautaire overschrijding buitengrenzen (PB EU 2006, L, 105/1): Schengengrenscode.
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April liet een spectaculaire daling zien van het aantal Syriers dat in Nederland asiel vroeg: 101 tegen meer dan 5000 in oktober vorig jaar. Het lijkt erop dat de dichte grenzen in de Balkanlanden en het akkoord met Turkije over de... more
April liet een spectaculaire daling zien van het aantal Syriers dat in Nederland asiel vroeg: 101 tegen meer dan 5000 in oktober vorig jaar. Het lijkt erop dat de dichte grenzen in de Balkanlanden en het akkoord met Turkije over de terugname van asielzoekers de komst van Syrische vluchtelingen sterk hebben afgeremd. Is de vluchtelingen‘crisis’ opgelost? Allerminst: de deal met Turkije is kwetsbaar en bovendien juridisch kwestieus. Belangrijker is dat het Europese asielbeleid heeft aangetoond slecht te functioneren. Het is nu vooral zaak de gemeenschappelijke asielregels crisisbestendig te maken. Daarvoor lijkt echter de politieke steun te ontbreken.
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Research Interests: Border Studies, Political Science, Security Studies, Critical Security Studies, Surveillance Studies, and 14 moreEuropean Union, European Union Law, European Union (International Studies), Surveillance, European Union Politics, Borders and Frontiers, Justice and Home affairs, Borders and Borderlands, Commission, Border control, EU Justice and Home Affairs (JHA/AFSJ), Security and Surveillance, Parlement Européen, and Smart Borders
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Border controls within the Schengen area are meant to be a thing of the past. Yet, since the refugee crisis of 2015, “temporary” border controls have become quasi permanent in several European Union Member States. Although these controls... more
Border controls within the Schengen area are meant to be a thing of the past. Yet, since the refugee crisis of 2015, “temporary” border controls have become quasi permanent in several European Union Member States. Although these controls are against the letter and spirit of the Schengen Borders Code, the Commission has not taken any measures to enforce these rules. One of the reasons for the dismal state of the Schengen area is the one-sided focus on the abolition of internal border controls as primarily functional for the establishment of the internal market. This comes at the expense of Union citizens’ rights and disregards the fundamental role that the abolition of border controls has on how citizens see the Union in political terms and conceive themselves as Union citizens. Against this background, we argue that from its beginning the objective of the project to abolish border controls was to foster a supranational political identity of Union citizens by transforming citizens’ s...
Research Interests: Law and German Law
The progressive Europeanisation of the management of the external borders has been consistently portrayed as the necessary corollary of the lifting of checks at the internal borders between Member States. Initially, the lifting of the... more
The progressive Europeanisation of the management of the external borders has been consistently portrayed as the necessary corollary of the lifting of checks at the internal borders between Member States. Initially, the lifting of the internal borders proceeded on the basis of minimum harmonisation, mutual recognition, and operational cooperation. Until this very day, Member States themselves remain responsible for their respective part of the external borders. This approach has been questioned in recent years, in which borderless travel has come under great pressure due to the threat of terrorist attacks, the 2015 refugee crisis, and more recently the COVID-19 pandemic. As Member States resorted to a reinstatement of internal border controls, the call for a reinforcement of the external borders grew louder. Even if the introduction of a ‘shared responsibility’ for the management of the external borders under the European Border and Coast Guard (EBCG) Regulation of 2015 does not absolve Member States of the responsibility for their own borders, it does underline how they manage their borders serving a common interest, within an increasingly harmonised substantive and institutional framework. This contribution first provides an overview of the regulatory framework for the management of the external borders and discusses in more detail the substantive rules for crossing the external borders.This is followed by a closer look at the European Border and Coast Guard Agency (‘Frontex’ or ‘the Agency’), that has become the European spider in the web of national border guard authorities. A next section examines the accountability questions that flow from this multi-level structure of European border management. After that the rules for the reinstatement of internal borders and the exercise of police controls in border areas will be discussed. The concluding section will provide a brief outlook on the basis of trends identified in this chapter.
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This chapter shows how in the 21st century new technologies and new bureaucracies have become part and parcel of the EU’s migration and asylum policy, and how these two are intimately linked. Together they have allowed the EU and its... more
This chapter shows how in the 21st century new technologies and new bureaucracies have become part and parcel of the EU’s migration and asylum policy, and how these two are intimately linked. Together they have allowed the EU and its Member States to tighten their grip over the movement of people. The use of technology has transformed the nature of the European border and has reinforced the agencies in charge of its management. This has largely been done without a clearly defined vision or grand design. Rather, it was technology itself that enabled this development and has greatly helped to shape it. While technology has often been portrayed as value-neutral, it may now pose challenges to some of the EU’s fundamental rights, most notably the right to data protection.
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EU law as it stands fails to provide same-sex couples legal certainty as regards their right of free movement under the EU Treaties. This chapter analyses in detail the situation in which a Member State refuses entry and residence to the... more
EU law as it stands fails to provide same-sex couples legal certainty as regards their right of free movement under the EU Treaties. This chapter analyses in detail the situation in which a Member State refuses entry and residence to the same-sex spouse or (registered) partner of an EU citizen invoking free movement rights. Although the EU does not have the competence to harmonise Member States’ family laws, the primacy and full effectiveness of EU law require these laws to respect both the fundamental right to free movement of persons, as well as fundamental rights. This chapter argues that it is for the CJEU, as the EU’s “Supreme Court” and constitutional adjudicator, to guarantee these freedoms. An approach based on mutual recognition of the relationship status of Member States would allow for an inclusive definition of family, whilst respecting the division of competences between the EU and its Member States.