In search of Europe’s borders

Book abstract:

Where is a border? What constraints does the border place upon me? What rights might I obtain on the other side of the border that I do not currently enjoy on this side? These are some of the questions which might pass through the mind of someone wishing to cross a border. It is from that perspective that the editors have embarked upon this study which examines the extent of the European Community's power and its legal meaning. It does not pretend to provide a definitive final word on the meaning of borders but rather offers a snapshot of where current thinking is on borders in law and policy of the European Union.

Chapters are contributed by a wide range of experts in law and social science. The first chapter provides the political context for borders and examines the purposes of borders and their meaning in international relations. It sets the framework for the topics considered in chapters that follow. The second chapter looks at borders in geographical, legal and societal terms and questions the view that European borders are inextricably linked to cultural essentialism. Chapter three asks what part borders play in the Internal Market. It examines, from a legal perspective, the historical development and the pressures leading to the Schengen Agreements and their incorporation into EC law. The differing nature and characteristics of a border which are dependant upon the status of the person or object crossing it are explored in chapter four. The implications of the EC visa regime for the individual and the role they play in Community law are explored in chapter five, which questions where the borders of Europe are now to be found. That theme is continued in chapter six which examines the legal rules for crossing the external border and sets the debate within the international framework of human rights obligations. The lack of uniformity across the Union is one topic raised in chapter seven which discusses the types of residence and movement regulated by the common border and how they fit with the rest of Community law. Chapter eight addresses the issues of exclusion and expulsion and examines the Schengen Information System and the legal rules around the creation of an electronic record of persons to be excluded from the European Union. The agreements reached within regions of the EU regarding common borders are examined in chapter nine with specific attention given to the Nordic Union, which has already seen a change to the common border. Who are the new border police? This question is raised in chapter ten which explores the shift in responsibilities of border and movement control from government and central authorities to a range of different participants comprising mainly of carriers. The views and actions of the judiciary in the courts of Member States are discussed in chapter eleven. Prospects for enlargement and the views of Hungarians and Bulgarians are considered in chapters twelve and thirteen.

The book is suited for policy makers, academics, students and legal practitioners concerned about the European Union.

Kees Groendijk is Professor of Sociology of Law and Director of the Centre for Migration Law at the University of Nijmegen, The Netherlands.