@inbook{6b028d55fffc48a182706cf97786cacd,
title = "Protecting the EU{\textquoteright}s Borders from … Fundamental Rights? Squaring the Circle Between Frontex{\textquoteright}s Border Surveillance and Human Rights",
abstract = "The phenomenon by which people are dying while attempting to cross the Mediterranean constitutes one of the humanitarian emergencies of our times. Even more strikingly, this continues to happen at a time when the European Union and its member states (MSs) are policing the Union{\textquoteright}s external borders more intensively than ever before. This chapter examines the EU{\textquoteright}s border surveillance and investigates Frontex{\textquoteright}s actions in order to assess Frontex{\textquoteright}s compliance with the EU{\textquoteright}s constitutional commitment to respecting and enforcing fundamental rights. Border surveillance is a crucial part of the EU{\textquoteright}s strategy for integrated border management. The aim is to combat irregular migration and cross-border crime, which in the EU policy debate are framed as internal security issues. In this research, I examine and investigate Frontex{\textquoteright}s most controversial (Hera and Nautilus) and recent (RABIT 2010 and Poseidon in the Evros region) operations on Europe{\textquoteright}s southern and south-eastern borders. These operations have been criticised on grounds of legality and respect for human rights. Decision 2010/252/EU supplementing the Schengen Borders Code (SBC) was meant to provide a solution to at least some of the problems that emerged in the first years of Frontex{\textquoteright}s operations, but it was annulled by the EU Court of Justice. After explaining those aspects of the EU{\textquoteright}s legal framework for fundamental rights that are relevant to Frontex, I suggest that the Hirsi judgment by the European Court of Human Rights (ECtHR), which condemned the Italian push-back policy of 2009, indirectly places boundaries on practices such as those which Frontex used in Hera. Having assessed Frontex{\textquoteright}s adoption of a fundamental rights policy, I make some recommendations for improving Frontex{\textquoteright}s commitment to fundamental rights, thus squaring the circle between border surveillance and individuals{\textquoteright} human rights",
keywords = "METIS-298044, IR-87459",
author = "Luisa Marin",
year = "2014",
doi = "10.1007/978-1-4614-7879-9_5",
language = "English",
isbn = "978-1-4614-7878-2",
publisher = "Springer",
pages = "75--99",
editor = "Holzhacker, {Ronald L.} and Paul Luif",
booktitle = "Freedom, Security and Justice in the European Union: Internal and External Dimensions of Increased Cooperation after the Lisbon Treaty",
address = "Netherlands",
}