Borders define territories within which identities and order are described and delineated. The triptych of indentities, borders and orders is central to understanding the nature of sovereignty and the relations between countries. Nowhere is this more apparent than in the European Union. The changing definition and placement of the border is one of the most striking features of the recent transformations of the Union. The definition of what a border is and where it is for persons has moved out of the territory of national sovereignty and has become the preserve in law of the European Community. The enlargement of the European Union towards the countries of Central and Eastern Europe has created new challenges for the concept of borders in the EU. This volume examines the extent of the Community power and the legal meaning of the EU's borders, as well as the ways to control (or not) the movement of persons across borders. It considers the legal texts - EC law on visas, the Regulations on visas, the meaning of borders for persons in Community Law, the Schengen acquis and its incorporation into the EC Treaty (and where appropriate the TEU); national practice and its transformation with the insertion of the private sector's responsibility for the control of borders and judicial control. The point of departure is the perspective of the individual who is seeking to cross these borders.

Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

This book offers a unique contribution, exploring how the intersections among migrants and radical squatter’s movements have evolved over past decades. The complexity and importance of squatting practices are analyzed from a bottom-up perspective, to demonstrate how the spaces of squatting can be transformed by migrants. With contributions from scholars, scholar-activists, and activists, this book provides unique insights into how squatting has offered an alternative to dominant anti-immigrant policies, and the implications of squatting on the social acceptance of migrants. It illustrates the different mechanisms of protest followed in solidarity by migrant squatters and Social Center activists, when discrimination comes from above or below, and explores how can different spatialities be conceived and realized by radical practices. Contributions adopt a variety of perspectives, from critical human geography, social movement studies, political sociology, urban anthropology, autonomous Marxism, feminism, open localism, anarchism and post-structuralism, to analyze and contextualize migrants and squatters’ exclusion and social justice issues. This book is a timely and original contribution through its exploration of migrations, squatting and radical autonomy.

Previously published as a special issue of West European Politics, this edited volume evaluates the extent to which a policy gap between inputs and outcomes exists with regard to immigration control. In exploring an expanded migration policy-field which includes the extreme right, the media and actors, this book goes beyond traditional analyses tha

Building upon the concept of migration regime, this open access book brings together the works of scholars who have investigated logics and routines of action in the field of immigration control within a single and innovative theoretical framework. The chapters cover a wide range of policy domains, from visa policy to the externalisation of controls, labour migration to asylum, internal controls towards irregular migration to restrictions for intra-EU mobility. By unravelling organisational strategies and practices across Europe, the book does not only contribute to dismantling the very idea of the European North-South divide in migration but also shows how Europe really works in the field of migration in times of deep economic, asylum and health crises. In this perspective, the book questions the widespread understanding of migration control outcomes as simply the result of more or less effective state policies without considering the embeddedness of the national policy goals and strategies in the dynamic interplay of different economies, institutional cultures and geopolitical positions.

This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

This book provides a new point of departure for thinking critically and creatively about international borders and the perceived need to defend them, adopting an innovative ‘preferred future’ methodology. The authors critically examine a range of ‘border domains’ including law, citizenship, governance, morality, security, economy, culture and civil society, which provide the means and justification for contemporary border controls, and identify early signs that the dynamics of sovereignty and borders are being fundamentally transformed under conditions of neoliberal globalization. The goal is to locate potential pathways towards the preferred future of relaxed borders, and provide a foundation for a progressive politics dedicated to moving beyond mere critique of the harm and inequity of border controls and capable of envisaging a differently bordered world. This book will be of considerable interest to students of border studies, migration, criminology, peacemaking, critical security studies and IR in general.

Irregular Migration in Europe contributes to our knowledge of the scale and nature of the much discussed but under-researched phenomenon of irregular migration in Europe, whilst improving our understanding of the dynamics of irregular migration and its relation to European societies and economies. Presenting a comparative analysis of the experiences and policies of different EU member states, this book draws on an extensive range of sources, many of which have so far been absent from English-language analyses, to offer an overall picture of irregular migration in twelve EU member states. This volume will be of interest to policy makers and researchers within the fields of migration, sociology and social anthropology, political science, European integration and European studies, political science and public administration.

This volume comprises the relevant legal instruments and principal policy documents in the area of international and European asylum and migration, including the latest versions of pending legislative proposals. The range of issues covered is comprehensive: human rights; nationality and statelessness; equal treatment, non-discrimination, racism and xenophobia; citizenship, residence and free movement; borders, border management and entry; visa and passenger data; labour migration; family reunification; asylum, subsidiary and temporary protection; irregular migration; and trafficking in human beings. The texts have been ordered according to the multilateral co-operation level within which they were drawn up: either the United Nations, the Council of Europe or the European Union (including Schengen-level instruments). This edition provides practitioners, authorities, policy makers, scholars and students throughout Europe with an accurate, up-to-date and forward-looking compilation of essential texts on asylum and migration matters.