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Articles

Towards a common European border security policy

Pages 255-274 | Received 10 May 2010, Published online: 18 Jan 2011
 

Abstract

The internal abolition of borders in the European Union (EU) has created a security deficit that is supposed to be compensated by inventing a new border – the ‘external frontier’ – which is to protect the combined territory of the Member States. This article argues that the security deficit has not been fully compensated for due to uneven policy implementation. The overview of impending threats to the EU border security system stemming from climate change impacts and demographic pressures shows that the future holds even greater challenges to the implementation of the Schengen acquis. A new approach to border security is urgently needed. The introduction of a common European border security policy can become an adequate response to many of the otherwise imminent threats.

Notes

1. Guild (Citation2005) provides a useful overview of the legal regulation of the freedom of movement in the EU and the role of the Schengen acquis. Carrera (Citation2005) asks important questions regarding the role of pro-security policies such as the Schengen Information System II towards (or rather against) the free movement paradigm. See also Connor (Citation2010).

2. See a rare example in Behrman and Skoufias (Citation2006) about practical measures for policy evaluation in poverty reduction. Potter and Harries (Citation2006) note that there are limiting factors to the effectiveness of public policy such as the realities of the public administration system, the local training and educational systems and how they prepare professionals; and the prevailing cultural and economic values.

3. See CitationScharpf (1999, pp. 7–21) and the classification of input and output legitimacy dimensions in Lord and Magnette (2004, p. 188).

4. See the excellent study of Neal (2009) on the political debate surrounding the establishment of FRONTEX.

5. Nitsch (Citation2009) is one of the very few papers that systemically assesses the asymmetry in partner country trade statistics due to mispricing.

6. Veronese and Tyrman 2009 have established large asymmetries, sometimes reaching 200% of the registered trade volume. Geyer-Schaefer (2007) claims that asymmetries worth hundreds of millions of euro remain unaccounted for.

7. See Addiction, Crime and Insurgency. The transnational threat of Afghan opium. UNODOC, 2009.

8. See EU Drugs Strategy (2005–2012), Council of the European Union 15074/04, Brussels, 22 November 2004.

9. See Commission Decision C (2006) 6570 final for Bulgaria and Commission Decision C (2006) 6569 final for Romania.

10. Council Act of 18 December 1997 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations, in Official Journal of the European Communities (OJEC) 1998, No C 24, 01.

11. Communication from the Commission to the Council and the European Parliament on a EU action plan to combat drugs (1995–1999). COM (1994) 234 final, 23 June 1994.

12. EU action plan to combat drugs (2000–2004). COM (99) 239 final, 26 May 1999.

13. Communication on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs (2000–2004). COM (2004) 707 final, 22 October 2004.

14. EU Drugs Action Plan (2005–2008), in Official Journal of the European Communities (OJEC), 2005 No C 168, 1.

15. Accompanying document to the Communication from the Commission to the Council and the European Parliament on an EU Drugs Action Plan 2009–2012. SEC(2008) 2456, 18 September 2008.

16. OCTA 2009 EU Organised Crime Threat Assessment, European Police Office, 2009.

17. Eighth annual report on the implementation of the Council Joint Action of 12 July 2002 on the EU's contribution to combating the destabilising accumulation and spread of small arms and light weapons (2002/589/CFSP), OJ 2010 C-14/35.

18. See the landmark economic research of Borjas (Citation1994) and Hammar (Citation1985). Guiraudon (Citation2000) analyses European cooperation in this area through a venue-shopping framework. Luedtke (2008) reviews recent developments in the European immigration policy

19. See the considerations in European Parliament, resolution on the Schengen agreement and political asylum (6 April 1995), in Official Journal of the European Communities (OJEC). 01 May 1995, No C 109, 169.

20. The impact of the global economic crisis on illegal migration to the EU. Frontex Risk Analysis Unit, Warsaw, August 2009.

21. Communication from the Commission on policy priorities in the fight against illegal immigration of third-country nationals (COM/2006/0402 final), 5.

22. Third annual report on migration and integration (COM(2007) 512 final).

23. Commission staff working document accompanying the Communication on a Common Immigration Policy for Europe: Principles, Actions and Tools. Impact Assessment (SEC(2008) 2026).

24. Facilitated illegal immigration into the EU. Europol, September 2009.

25. Note from the Presidency to the Delegations. Action-oriented paper on strengthening the EU external dimension on action against trafficking in human beings; towards global EU action against trafficking in human beings. 11450/2/09 REV 2. Available from: http://www.statewatch.org/news/2009/sep/eu-council-action-paper-on-trafficking.pdf

26. Commission Communication of 13 February 2008 ‘Report on the evaluation and future development of the FRONTEX Agency’ (COM (2008) 0067).

27. Commission Communication of 13 February 2008 ‘Preparing the next steps in border management in the European Union’ (COM (2008) 69 final).

28. Commission Communication of 13 February 2008 ‘Examining the creation of a European Border Surveillance System (EUROSUR)’ (COM (2008) 0068).

29. European Parliament resolution of 18 December 2008 on the evaluation and future development of the Frontex Agency and of the European Border Surveillance System (Eurosur), in Official Journal of the European Communities (OJEC), 23.2.2010, No C 45, E/41.

30. Report on progress made in developing the European Border Surveillance System (EUROSUR) (SEC (2009) 1265 final).

31. External evaluation of the European agency for the management of operational cooperation at the external borders of the Member States of the EU – final report 2009, 7.

32. Note from French delegation to: Coreper/Council. Strengthening the operations of the FRONTEX Agency, particularly in the Mediterranean. 13226/09. Available from: http://www.statewatch.org/news/2009/sep/eu-council-strengthening-FRONTEX-13226-09.pdf

33. Brussels European Council, 29–30 October 2009, 15265/09.

34. The Stockholm programme – an open and secure Europe serving and protecting the citizens. Conclusions of the European Council (10/11 December 2009).

35. Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX). COM (2010) 61 final.

36. IA accompanying the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European agency for the management of operational cooperation at the external borders of the Member States of the EU (FRONTEX). COM (2010) 61 final.

37.Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration (25 and 26 February 2010).

38. Internal security strategy for the EU: ‘Towards a European Security Model’. Council conclusions, 23 February 2010.

39. See CitationEricson (2005, pp. 73–93). Concrete worksheets were developed for the different elements of the EU border security system and evaluated the possible impact of separate hazards, accounting for their severity and probability. Feedback loops were also considered.

40. Global risks 2010. A global risk network report. World Economic Forum, 2010. Available from: http://www.weforum.org/pdf/globalrisk/globalrisks2010.pdf

41. See on the dialectic of environment and demographic processes of Matthews 1989, pp. 163–168.

42. President Barroso unveils his new team. IP/09/1837. Brussels, 27 November 2009.

43. See the Maplecroft climate change risk report 2009/2010 for a comprehensive methodology and empirical assessment of current and pending climate change risks.

44. See the comprehensive assessment of water management in agriculture. International Water Management Institute, 2007.

45. Climate change, environmental degradation and migration: addressing vulnerabilities and harnessing opportunities. Report from the conference. IOM, Geneva, 19 February 2008.

46. Mediterranean migration 2008–2009 report, European University Institute 2009, 21–22.

47. The world in 2025. Contributions from an expert group. Directorate-General for Research, 2009, 47.

48. Global trends 2025: a transformed world. National Intelligence Council, 2008, viii.

49. Global trends 2025, 56. See also CitationLe Billon (2001, p. 567).

50. BVerfG, 2 BvE 2/08 vom 30.6.2009, Absatz-Nr. (1-421). Available from: http://www.bverfg.de/entscheidungen/es20090630_2bve000208en.html

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