ABSTRACT

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.

chapter |21 pages

Introduction

Justicing Europe’s frontiers: effective access to remedies and justice in bordering and expulsion policies

part I|99 pages

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

chapter 1|18 pages

Keeping up appearances

Dubious legality and migration control at the peripheral borders of Europe. The cases of Ceuta and Melilla1

chapter 5|15 pages

Human rights violations in expulsion cases and during enforced returns

The Austrian law and reality1

part II|93 pages

Complaint mechanisms in the context of sea borders and maritime surveillance

chapter 7|27 pages

Search and rescue, disembarkation, and relocation arrangements in the Mediterranean

Justicing maritime border surveillance operations

chapter 8|22 pages

Border management at the external Schengen Borders

Border controls, return operations, and obstacles to effective remedies in Greece

chapter 9|19 pages

A practical evaluation of border activities in Romania

Control, surveillance, and expulsions1

part III|72 pages

Justicing international, regional, and EU standards

chapter 10|15 pages

Complaint mechanism during return flights

The European border and Coast Guard Agency

chapter 11|25 pages

Mechanisms to prevent pushbacks

chapter 12|30 pages

Human rights complaints at international borders or during expulsion procedures

International, European, and EU standards