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nr 7
83-99
EN
The article addresses the Integrated Border Management System of the European Union in the context of the regulation on the European Border and Coast Guard (adopted in September 2016). The reason for the analysis is the wide impact of the adopted changes on executive powers in the Area of Freedom, Security and Jus tice. Firstly, the regulation establishes European Border and Coast Guard. It does not materialize the European Commission’s plans to set up a European Border Guard, which would be “a full-fledged multinational force” but constitutes the next step towards achieving this goal. Secondly, it extends Frontex’s competences and strengthens its mandate. This causes that the EU agency holds co-responsibility for the control and protection of the EU’s external borders. Thirdly, it sets the procedurę of “qualified cooperation,” which strongly introduces a Member State to cooperation with Frontex in the event of an emergency situation at the borders. Refusal of the cooperation leads to the reintroduction of controls at internal borders. These changes are based on the principle of shared responsibility, which was introduced by the regulation. The principle affects how the executive powers at the external borders are exercised. It replaces the exclusive responsibility of the authorities of the Member States for the control and protection of the EU’s external borders and extends cooperation between the national and the EU authorities. For the moment, the leading position remains with national authorities. Due to the specific nature of the IBM, which enters the sovereignty of the Member States, special care to ensure compliance with treaties of new solutions is required. In particular, derogation clauses should be taken into account. In general, the regulation on the European Border and Coast Guard in the present shape does not violate treaty provisions.
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2021
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tom 144(4)
392-404
EN
The author aims to demonstrate how the concept of European Border management has evolved over the past twenty years. More specifi cally, the starting point of this exercise is that the development of this policy is closely linked to the successive mandates of the European Border and Coast Guard Agency, which can be seen as an arm of the European Union in this field. The author points out how illegal migration has affected relevant developments in the European Union in relation to border control as well as border protection. Since illegal migration is constantly changing and evolving, the European Border and Coast Guards Agency’s mandate responds to these changes.
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nr 7
83-99
EN
The article addresses the Integrated Border Management System of the European Union in the context of the regulation on the European Border and Coast Guard (adopted in September 2016). The reason for the analysis is the wide impact of the adopted changes on executive powers in the Area of Freedom, Security and Jus tice. Firstly, the regulation establishes European Border and Coast Guard. It does not materialize the European Commission’s plans to set up a European Border Guard, which would be “a full-fledged multinational force” but constitutes the next step towards achieving this goal. Secondly, it extends Frontex’s competences and strengthens its mandate. This causes that the EU agency holds co-responsibility for the control and protection of the EU’s external borders. Thirdly, it sets the procedurę of “qualified cooperation,” which strongly introduces a Member State to cooperation with Frontex in the event of an emergency situation at the borders. Refusal of the cooperation leads to the reintroduction of controls at internal borders. These changes are based on the principle of shared responsibility, which was introduced by the regulation. The principle affects how the executive powers at the external borders are exercised. It replaces the exclusive responsibility of the authorities of the Member States for the control and protection of the EU’s external borders and extends cooperation between the national and the EU authorities. For the moment, the leading position remains with national authorities. Due to the specific nature of the IBM, which enters the sovereignty of the Member States, special care to ensure compliance with treaties of new solutions is required. In particular, derogation clauses should be taken into account. In general, the regulation on the European Border and Coast Guard in the present shape does not violate treaty provisions.
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