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 hand 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.
"This is a ground-breaking volume highlighting the importance of access to justice and the rule of law in immigration proceedings and the legal and human rights challenges which arise from the proliferation of border controls in Europe. It is essential reading for scholars and practitioners with an interest and expertise in immigration, administrative, constitutional and human rights law and their European dimension." - Valsamis Mitslegas, Professor of European Criminal Law and Global Security and Deputy Dean for Global Engagement (Europe), at Queen Mary, University of London, UK.
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
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
4. Access to Effective Remedies for Foreigners affected by Decisions, Actions or Inactions of the Polish Border Guard
5. Human Rights Violations in Deportation Cases: Austrian law and reality
PART II: Complaint Mechanisms in the Context of Sea Borders and Maritime Surveillance
6. Police Accountability and Human Rights in Italy
7. Search and Rescue and Disembarkation in the Mediterranean
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
11. Mechanisms to Prevent Pushbacks in the European Union
12. Human Rights Complaints at International Borders or during Expulsion Procedures: International, European and EU Standards
Sergio Carrera and Marco Stefan
The Routledge Human Rights series publishes high quality and cross-disciplinary scholarship on topics of key importance in human rights today. In a world where human rights are both celebrated and contested, this series is committed to create stronger links between disciplines and explore new methodological and theoretical approaches in human rights research. Aimed towards both scholars and human rights professionals, the series strives to provide both critical analysis and policy-oriented research in an accessible form. The series welcomes work on specific human rights issues as well as on cross-cutting themes and institutional perspectives.