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Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union: Complaint Mechanisms and Access to Justice

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union: Complaint Mechanisms and Access to Justice

Author: Sergio Carrera; Marco Stefan
Publisher: Routledge
ISBN: 9780367195809
Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers.

Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights.

The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Introduction – justicing Europe’s frontiers: effective access to justice in bordering and expulsion policies

Sergio Carrera and Marco Stefan

PART I: Complaint mechanisms in the context of border controls and expulsions at land and air borders

1. Keeping up appearances: dubious legality and migration control at the peripheral borders of Europe. The cases of Ceuta and Melilla

Ana López-Sala

2. Deportations without the right to complaint: cases from Spain

Iker Barbero and Mariona Illamola-Dausà

3. Hungary at the border of populism and asylum

Judit Toth

4. Access to effective remedies for foreigners affected by decisions, actions, or inactions of the Polish Border Guard

Maja Łysienia

5. Human rights violations in expulsion cases and during enforced returns: Austrian law and reality

Ulrike Brandl

PART II: Complaint mechanisms in the context of sea borders and maritime surveillance

6. Police accountability and human rights at the Italian borders

Giuseppe Campesi

7. Search and rescue, disembarkation, and relocation arrangements in the Mediterranean: justicing maritime border surveillance operations

Sergio Carrera and Roberto Cortinovis

8. Border management at the external Schengen Borders: border controls, return operations, and obstacles to effective remedies in Greece

Aikaterini Drakopoulou, Alexandros Konstantinou, and Dimitris Koros

9. A practical evaluation of border activities in Romania: control, surveillance, and expulsions

Madalina Moraru and Nica Felicia

PART III: Justicing international, regional, and EU standards

10. Complaint mechanism during return flights: the European border and Coast Guard Agency

Jari Pirjola

11. Mechanisms to prevent pushbacks

Tineke Strik

12. Human rights complaints at international borders or during expulsion procedures: international, European, and EU standards

Sergio Carrera and Marco Stefan

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