Edited by Monica den Boer
Chapter 12: Border policing in Europe and beyond: legal and international issues
While drawing from case law of the Court of Justice for the European Union (CJEU), this chapter highlights border policing in three jurisdictions, namely Germany, France and the Netherlands. The modality of state control over the mobility of individuals has been redefined, resulting in the emergence of a form of ‘bordering’ through internal police and/or immigration checks. This is a global phenomenon, as countries throughout the world are struggling to better ‘manage’ mobility. Many nation states engage in border reconstruction projects as a way to reconstitute sovereignty in a globalized world. Within the “Schengen area”, policing practises have been developed as well as regulatory devices to filter and channel through people and as ways to regulate the time and pace of migration. EU Member States have had an ambiguous relationship with the notion of open borders ever since the onset of Schengen. Nevertheless, an exemplary EU legal framework has been established that governs intra-Schengen border policing as well as the Schengen Border Code for policing mobility and migration. The chapter ends with some broader reflections on the future of the policing of migration and movement in the EU.
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