External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory

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Table of Contents: I. Introduction. – II. EU visa policy. – II.1. Judicial review of decisions. – II.2. Judicial review in case of representation. – II.3. Humanitarian visa. – II.4. The extra-territorial applicability of the Charter. – III. Refugee resettlement. – III.1. EU Resettlement initiatives. – III.2. Resettlement in the refugee crisis. – III.3. Proposal for an EU resettlement mechanism. – III.4. Applicability of the Charter of Fundamental Rights to EU resettlement. – IV. Frontex coordinated joint operations in third country territory. – IV.1. Frontex as an executive actor. – IV.2. Responsibility for fundamental rights violations. – IV.3. Fundamental rights accountability mechanisms. – IV.4. Frontex as an external executive actor. – IV.5. Accountability for fundamental rights violations on third country territory. – V. Conclusion.

Abstract: EU migration and asylum law, an area of administrative law par excellence, has from the moment that the EU acquired competences in this field, had a very strong external dimension. By looking at three areas of EU migration and asylum policy: visa policy, refugee resettlement and border management through Frontex operational activity, it will be shown that, notwithstanding significant improvements, a restrictive interpretation of the scope of EU law and the multi-level structure of EU executive action continue to pose challenges in holding the EU and its Member States to account.

Keywords: EU migration and asylum policy – external dimension – executive action – Charter of Fundamental Rights of the European Union – accountability mechanisms – cooperation with third countries.

European Papers, Vol. 2, 2017, No 2, pp. 571-596
2499-8249 - doi: 10.15166/2499-8249/169

* Jean Monnet Professor ad personam, Europa Institute, Leiden Law School, j.j.rijpma@law.leidenuniv.nl.


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