Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union Complaint Mechanisms and Access to Justice Routledge Studies in Human Rights Series

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 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 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 8. Border Management at the External Schengen Borders: Border controls, return operations and obstacles to effective remedies in Greece 9. A Practical Evaluation of Border Activities in Romania: Control, surveillance and expulsions 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 is Senior Research Fellow and Head of the Justice and Home Affairs unit at the Centre for European Policy Studies (CEPS) and part-time Professor at the Migration Policy Centre, European University Institute in Florence. He is also Visiting Professor at the Paris School of International Affairs (PSIA) at Sciences Po, France.

Marco Stefan is Research Fellow at CEPS Justice and Home Affairs Section.