ABSTRACT
As FRA’s activities on asylum, migration and borders are interconnected, this chapter and Chapter 14 on asylum attempt to distinguish between fundamental rights issues relating to migration and asylum, respectively. This chapter examines fundamental rights issues arising in the context of border control and FRA activities relating to these issues. These include good examples of FRA’s objective to provide evidence-based assistance, advice and guidance for EU law and policy makers. First, the studies on controls at EU’s external sea, land and airport borders are presented, and methodological challenges affecting research in the various border scenarios are discussed. In addition to the study on sea borders, FRA has more recently analyzed fundamental rights challenges in connection with extraterritorial migration control, in particular how the risk of refoulement can be reduced when such control is carried out in cooperation with the authorities of third states. This illustrates recent developments in FRA’s work aiming to translate scientific research into concrete advice for policymakers and practitioners at the EU level and in Member States. Finally, limitations under FRA’s mandate and those imposed by the scope of EU regulatory competence are discussed.
