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Author: Melanie Fink
Publisher: Oxford Studies in European Law
ISBN: 0198835450
Category : Law
Languages : en
Pages : 417
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Book Description
This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
Author: Melanie Fink
Publisher: Oxford Studies in European Law
ISBN: 0198835450
Category : Law
Languages : en
Pages : 417
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Book Description
This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
Author: Nina Perkowski
Publisher:
ISBN: 9780429202841
Category : Political Science
Languages : en
Pages : 170
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Book Description
"Examining the relationship between humanitarianism, human rights, and security in the governance of borders and migration, this book analyses the case of the European Border and Coast Guard Agency (Frontex), challenging the common assumption that humanitarianism and human rights provide a critical basis for countering securitization. Arguing that these are not three opposing discourses and modes of governing, the author contributes to a deeper understanding of their connections and combined effects in border governance. Drawing on ethnographic fieldwork, interviews, and document analysis, the book offers three perspectives on Frontex's changing relationship to humanitarianism and human rights. In doing so, it provides a multifaceted account of Frontex and its gradual appropriation of what are often considered pro-migrant discourses. Combining organisational sociology with a Foucauldian analysis, the book speaks to ongoing debates on continuity and change in the security field and provides insights into studying security organisations more generally"--
Author: Roberta Mungianu
Publisher: Cambridge University Press
ISBN: 1316790827
Category : Law
Languages : en
Pages : 275
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Book Description
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
Author: Roberta Mungianu
Publisher:
ISBN: 9781316793701
Category : Asylum, Right of
Languages : en
Pages : 276
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Book Description
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement
Author: Giulia Raimondo
Publisher: Hart Publishing
ISBN: 1509964541
Category : Law
Languages : en
Pages : 0
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Book Description
What are the human rights obligations of Frontex and its member states at the borders of Europe? Who is responsible when the rights of people crossing those borders are breached? Those are the main questions that this book addresses while exploring the evolution of the European integrated border management (EIBM). The mode of administration of European borders has become a complex and polymorphous affair involving multiple actors working at different levels, with different competences and powers. In this context, borders are no longer lines on a map but enmeshed in a tapestry of different actors and technologies. This evolution not only puts to test the relationship between territory and public power, but it also requires a different understanding of the responsibility for the exercise of that power by a panoply of actors. This book addresses the challenges related to the implementation of the EIBM and the human rights responsibilities that it can trigger. It entwines two separate but interlaced discourses: the first being a reflection on the concept of EIBM and its human rights impact; the second being the question of the attribution of international responsibility for violations that occurred in the implementation of the EIBM.
Author: Nina Perkowski
Publisher: Routledge
ISBN: 0429514883
Category : Political Science
Languages : en
Pages : 137
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Book Description
Examining the relationship between humanitarianism, human rights, and security in the governance of borders and migration, this book analyses the case of the European Border and Coast Guard Agency (Frontex), challenging the common assumption that humanitarianism and human rights provide a critical basis for countering securitisation. Arguing that these are not three opposing discourses and modes of governing, the author contributes to a deeper understanding of their connections and combined effects in border governance. Drawing on ethnographic fieldwork, interviews, and document analysis, the book offers three perspectives on Frontex’s changing relationship to humanitarianism and human rights. In doing so, it provides a multifaceted account of Frontex and its gradual appropriation of what are often considered pro-migrant discourses. Combining organisational sociology with a Foucauldian analysis, the book speaks to ongoing debates on continuity and change in the security field and provides insights into studying security organisations more generally. Drawing on insights from Critical Migration and Border Studies, Critical Security Studies, Critical Humanitarianism and Human Rights Studies, and Organisational Sociology, the book will generate interest to multiple disciplines, including Sociology, International Relations, Politics, Anthropology, European Studies, and Geography.
Author: Elspeth Guild
Publisher: Taylor & Francis
ISBN: 100092744X
Category : Political Science
Languages : en
Pages : 119
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Book Description
This book examines EU external border violence and the role of Frontex, and how it can be made legally and politically accountable for these incidents. The volume sets out what the international standards are for monitoring border violence and how monitors’ independence must be guaranteed and where these standards come from. The book provides realistic options to resolve the crisis by focusing on how effective and independent border monitoring can ensure better human rights compliance at EU external borders. At the centre of the book is the question: how can we achieve effective monitoring of border police, including Frontex, by competent and independent state authorities which have as a mission human rights implementation? The goal of the book is to examine how states can prevent and investigate allegations of such violence and diminish the apparent impunity of those border police who engage in it. This book will be of interest to students of EU policy, law, migration and refugee studies and International Relations.
Author: Valsamis Mitsilegas
Publisher: BRILL
ISBN: 9004396810
Category : Law
Languages : en
Pages : 350
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Book Description
In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.
Author: Katja Franko
Publisher: Routledge
ISBN: 1351001426
Category : Law
Languages : en
Pages : 221
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Book Description
Western societies are immersed in debates about immigration and illegality. This book examines these processes and outlines how the figure of the "crimmigrant other" has emerged not only as a central object of media and political discourse, but also as a distinct penal subject connecting migration and the logic of criminalization and insecurity. Illegality defines not only a quality of certain acts, but becomes an existential condition, which shapes the daily lives of large groups within the society. Drawing on rich empirical material from national and international contexts, Katja Franko outlines the social production of the crimmigrant other as a multi-layered phenomenon that is deeply rooted in the intricate connections between law, scientific knowledge, bureaucratic practices, politics and popular discourse.
Author: Amélie Poméon
Publisher:
ISBN: 9789462403598
Category : Border security
Languages : en
Pages : 0
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Book Description
With this book, Amelie Pomeon won the Hanneke Steenbergen Scriptie Prijs 2016 (prize for the best master thesis in the field of migration law in the Netherlands for the year 2015/2016). Hanneke Steenbergen taught migration law at the University of Leiden and was highly dedicated to the promotion of migration law education. After her death, a commemorative foundation was established, the primary purpose of which is to award a yearly prize stimulating research and interest in migration law issues. This book discusses the question to what extent Frontex (and, to a more limited degree, its successor, the European Border and Coast Guard Agency) can be held accountable for breaches of EU law acting both inside and outside EU territory. The issues covered include a detailed discussion of Frontex' tasks and competences, the legal position and status of EU agencies, agency accountability and the distinction between the notions of accountability and responsibility as well as the extraterritorial applicability of EU law. It also addresses the question whether an individual complaint mechanism can and should be introduced within the Agency's setup. Dissertation. [Subject: Migration Law, Human Rights Law]
