Border management in the Mediterranean: internal, external and ethical challenges

Abstract

Framed in the Justice and Home Affairs external dimension (JHAE) literature that argues that the European Union's (EU) internal security has become an objective of European foreign policy, this article offers an analysis of the institutionalization of border management in the Mediterranean. Investigating the role of Frontex, the European border management agency, this article reveals that border management in the Mediterranean is a fragmented policy that presents internal and external challenges. First, at an internal level, border management remains a sensitive issue where the principles of burden sharing and solidarity between EU member states are difficult to operationalize. Second, at an external level, effective border management is dependent on cooperation with EU's neighbours, as the Spanish-Moroccan case demonstrates. Lastly, along with these internal and external challenges, border management raises some crucial issues about the opportunity of externalizing surveillance technologies to authoritarian regimes.

Notes

¹ On the concept of JHAE, see Mounier et al (2007).

² Originally, JHAE was developed with respect to the external dimension of immigration (Lavenex and Uçarer 2004). However, in recent years, researchers have expanded this to other JHA issues. See Berthelet (2007), Lavenex and Wichmann (2006), Mounier (2007), Trauner (2006), Wolff (2006).

³ Case 22/70, 31 March 1971, Commission vs. council (European Road Transport Agreement), European Court Reports (ECR) 1971. According to ERTA doctrine, if internal powers have been given to the Community to achieve a specific objective, external power may be implied in order to achieve that objective.

⁴ Jacek Czaputowicz explains the term ‘deterritorialization’ as the process by which ‘Certain aspects of a state territory and its geographical location become unimportant’ (2002, 5). William Walters further applied this concept to the EU context by arguing that ‘the accent is on the EU as a moment of deterritorialization. Its involvement in border control and internal policing is downplayed. The EU is regarded as tending towards a space of flows rather than a space of places, a space where the lines between inside and outside are increasingly blurred’ (2004, 676).

⁵ For a general overview of the JHA Mediterranean dimension see Wolff (2007a).

⁶ Italy furnished a boat of the Guardia di Finanza (crew of 12); France, a patrol boat of the Armada (crew of 24); the United Kingdom, a patrol boat of the British Customs (crew of 12); Portugal, a corvette of the Armada (crew of 70); and Spain, two boats of the Civil Guard Maritime Service (crew of ten in each) (Council of the European Union 2003).

⁷ France, Germany, Italy, Portugal, The Netherlands, Norway and the UK.

⁸ Pateras refers to any small vessel and is often used in relation to inflatable craft with outboard motors used for the transport of illegal migrants. Cayucos, on the other hand, are invariably wooden vessels made in sub-Saharan Africa or West African coast, sometimes capable of transporting more than 100 individuals.

⁹ It is interesting to note that the concept of ‘solidarity’ in the field of external BM has been integrated under Articles III-257(2) and III-268 of the Constitutional treaty, which has been kept under Article 62c of the Draft Reform Treaty.

¹⁰ The exact breakdown is as follows: €40.98 million from the EC (European Council) budget, €0.4 million from the Schengen-associated countries, €0.4 million from the UK and Ireland and €0.2 million from ‘voluntary contributions from Member States and Schengen Associated Countries’. The total amounts to €41.98 million. For these figures, see < http://www.frontex.europa.eu/gfx/frontex/files/publication_of_budgets2007.pdf>, accessed 15 January 2008.

¹¹ The exact breakdown is as follows: €1.184 million for asylum, €759 million for the return fund, €1.771 million for integration of third-country nationals and €2.152 million for external BM.

¹² European Council Regulation No 790/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance.

¹³ On the role of Spain in the development of the JHA Mediterranean dimension, see Wolff (2007b).

¹⁴ For more information on the role of Spain during the Valencia Summit, see Wolff (2007b).

¹⁵ See Presidential Decree No 43 of 20 July 2003 for Algeria and Law of 11 November 2003 for Morocco.

¹⁶ Within the Euro-Mediterranean Association Agreements, ‘approximation of laws clauses’ are included under Article 56 for Algeria, Article 48 for Egypt, Article 55 for Israel, Articles 57 and 69 for Jordan, Article 49 for Lebanon, Article 52 for Morocco, Article 41 for Palestine and Article 52 for Tunisia (European Commission 2004).

¹⁷ See, for instance, EU-Egypt Association Council (2007, 3).

¹⁸ Confidential interview, Spanish Permanent Representation, Brussels, 14 June 2007.

¹⁹ For more details on readmission agreements, see < http://mirem.eu/donnees/accords/maroc>, accessed 15 January 2008.

²⁰ On the databases and their role in surveillance, see Broeders (2007).