ABSTRACT
This chapter analyses the reconcilability of fundamental rights with the extra-territorialization of EU border policy. FRONTEX joint operations in third States' territories serve as prime examples of this extra-territorialization. The emphasis of the Stockholm Programme on cooperation with third States in the fight against irregular migration and the unequivocal support for fundamental rights seem to be in an uneasy relationship. Policy-makers, aware of legal constraints of refugee and human rights law for traditional territorial border control, may pursue extra-territorialization as a way to circumvent those constraints and to deal with irregular immigration more 'effectively'. The Immigration Law Practitioners' Association (ILPA) has argued in its memorandum to the House of Lords Reports that there should be clearer commitment by Frontex to the obligation of non-refoulement. Substantial legal, practical and political problems will surely arise and solutions would require a serious joint effort from the Union and its member states.
