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2021 | OriginalPaper | Chapter

15. Border Management in Transformation

Author : Johann Wagner

Published in: Border Management in Transformation

Publisher: Springer International Publishing

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Abstract

Ultimately, the aspiration is for open borders with a simultaneous requirement for maximum security through the use of extensive and effective compensatory measures in accordance with the EU acquis and rule of law. However, the number of cases detected during the reinforced border controls at the G-7 summit and the resulting analyses have shown that the implementation of this project is more difficult than initially assumed.

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previous chapter Extraterritoriality and Border Control
next chapter Conclusions from the Thesis
Footnotes
1
Note from the author: See further explanations under Point 7.​6.
 
2
Note from the author: See further explanations under Chap. 5 and Point 7.​7.
 
3
Note from the author: See further explanations under Points 7.​6 and 8.​7.
 
4
Note from the author: See further explanations under Point 8.​7.
 
5
Note from the author: See further explanations under Points 7.​2 and 14.​2.
 
6
Note from the author: See further explanations under Point 3.​2.
 
7
Note from the author: See further explanations under Point 3.​2.
 
8
Note from the author: See further explanations under Point 7.​2.
 
9
Note from the author: See further explanations under Point 9.​7.
 
10
Der Spiegel (2015): Edition 29/2015. Gute Reise. P. 47.
Note from the author: See further explanations under chapter 5.
 
11
Ibid.
 
12
Ibid.
 
13
Note from the author: See further explanations under Point 5.​2 and Fig. 5.​2.​3.
 
14
Schmidt [16].
 
15
Süddeutsche Zeitung (2015): Was Menschen vom Balkan zur Flucht treibt. Available from: http://​www.​sueddeutsche.​de/​politik/​sichere-herkunftsstaaten​-demokratien-mit-fussnote-1.​2610249 (Accessed on 5th March 2017).
 
16
Roma Centre [15].
Wissen.de [18].
 
17
Comment by the author: Between 2004 and 2013, Johann Wagner was among others the responsible head of the following EU funded projects related to the creation of state infrastructures for the sustainable reintegration of returned persons to fYROM and Kosovo:
(a)
2004—“Technical Assistance and Training to Develop and Implement the National Action Plan for Migration and Asylum at FYR of Macedonia”; budget 1 Mio Euros; duration 14 months.
 
(b)
2009—“Strengthening the Rule of Law in Kosovo (IBM, Cross Border Cooperation, Asylum and Readmission)”—Twinning–Number: KS 08 IB JH 01; budget 1 Mio Euros; duration 27 months.
 
(c)
2013—“Strengthening Readmission and Sustainable Reintegration in Kosovo” (IBM, Migration, Asylum and Readmission)”—Twinning-Number: KS 08 IB JH 02; budget 1,2 Mio Euros; duration 24 months.
 
 
18
EurActiv [3].
 
19
Federal Constitutional Court [20]: Verdict of the Federal Constitutional Court on the Asylum Seekers' Benefits Act. (Urteil des Bundesverfassungsgerichts zum Asylbewerberleistungsgesetz) ECLI: EN: BVerfG: 2012: ls20120718.1bvl001010. Available from: https://​www.​bundesverfassung​sgericht.​de/​entscheidungen/​ls20120718_​1bvl001010.​html (Accessed on 5th March 2017).
 
20
Note from the author: Preferred EU MS for the people from the Western Balkan countries are Germany and Austria.
 
21
Wagner, Johann (2013): Preparation of Feasibility Study and Technical Specification for supply of equipment. Specific Contract No. 10–32985/1 of the Framework Contract Beneficiaries 2009 (EuropeAid/127054/C/SER/multi LOT 7: Governance and Home Affairs). Feasibility study report.
 
22
Note from the author: The author recommended many times the establishment of joint investigation groups (task forces) to combat OC groups in the Western Balkan countries. For example, German investigators could have been seconded to the fYROM Ministry of Interior on the basis of existing bilateral agreements for cooperation to assist fYROM police officers to combat local OC groups, acting as people smugglers.
 
23
Note from the author: Most of the containers and stacking in the port is handled by autonomous robotic cranes and computer-controlled chariots.
 
24
United Nations Office on Drugs and Crime [17].
 
25
Statista (2015): Forecast number of global air passengers in 2014 and 2034 (in billions). Available from: http://​de.​statista.​com/​statistik/​daten/​studie/​374860/​umfrage/​flugverkehr-entwicklung-passagiere-weltweit/​ (Accessed on 6th March 2017).
 
26
Note from the author: See further explanations under Points 7.​3 and 7.​5.
 
27
Note from the author: The issuance of a visa through border police services is only given in the fewest cases after arrival and immediately before the border inspection, and is subject to very restricted rules, such as cases of serious accident of a relative, death, funeral etc.
 
28
Note from the author: See further explanations under Point 12.​3.
 
29
Note from the author: See further explanations under Point 8.​6 and Chap. 11.
 
30
Note from the author: See further explanations under Point 14.​3.
 
31
Note from the author: See further explanations under Chap. 14.
 
32
German Federal Criminal Office (2015): Cybercrime is a criminal offense by using modern information and communication technology and the Internet. These are:
(a)
all offenses involving computer elements of computer crime or where the ICT has been used to plan, prepare or execute an act,
 
(b)
offenses related to data networks, such as the Internet, and
 
(c)
cases of threat to information technology. This includes all unlawful acts against the integrity, availability and authenticity of data, whether electronic, magnetic, or otherwise not directly perceptible or transmitted (hacking, computer abuse, data modification, misuse of telecommunications, etc.).”
 
 
33
Federal Criminal Police Office [6]: Cyber-OC—Scope and manifestations in selected EU MS. Edited by Bulanova-Hristova, Gergana/Kasper, Karsten/Odinot, Geralda, Verhoeven, Maite/Pool, Ronald/de Poot, Christianne/Yael, Werner/Korsell, Lars.
 
34
Federal Criminal Police Office [5].
 
35
Bavarian Ministry of the Interior, for Building and Transport [2]: Increased fight against Cybercrime. Bavaria's Minister of the Interior Joachim Herrmann to one year Cybercrime Competence Centre at the LKA, joint project with EUROPOL. Available from: https://​www.​stmi.​bayern.​de/​med/​pressemitteilung​en/​pressearchiv/​2014/​37/​index.​php (Accessed on 7th March 2017).
 
36
Note from the author: See also Fig. 3.2.4—Bright-Dark Field Research.
 
37
Laube [10], p. 84.
 
38
Charter of the United Nations [19].
Chap. 5—The Security Council. Article 24
1.
In order to ensure prompt and effective action by the United Nations, its members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
 
2.
[…].”
 
 
39
EUR-lex [4]: Common foreign and security policy (CFSP). The EU's CFSP was established in 1993 under the Maastricht Treaty. It has been progressively reinforced by subsequent treaties, particularly the Lisbon Treaty (Title V of the Treaty on European Union). Available from: http://​eur-lex.​europa.​eu/​summary/​glossary/​foreign_​security_​policy.​html (Accessed on 7th March 2017).
 
40
Note from the author: See further explanations under Points 3.​7 and 12.​3.
 
41
Note from the author: See further explanations under Chap. 3.
 
42
Herdegen et al. [9], pp. 49–84.
 
43
Note from the author: PEGIDA—Patriotische Europäer gegen die Islamisierung des Abendlandes, equivalent to Patriotic Europeans against the Islamisation of the West.
Current crisis in Central Asia, the Middle and Middle East, North Africa, Eastern Europe and especially the conflict between Ukraine and the Russian Federation, as well as the phenomenon of Transnistria, are more than worrying and have a very high risk of escalating more and more Transnational threat potentials.
 
44
Note from the author: See further explanations under Point 3.​7.
 
45
Note from the author: The author is currently involved as senior border expert in the project of Evaluation of EU support for Security Sector Reforms in Enlargement and Neighbourhood Countries (2010–2016). The findings of the evaluation will be presented to the European Commission early 2018.
 
46
Note from the author: See further explanations under Point 1.​1.
 
47
Note from the author: See further explanations under Point 3.​7.
 
48
Treaty of Lisbon Amending the Treaty on European Union [22]. Available at: http://​www.​refworld.​org/​docid/​476258d32.​html (Accessed 8th March 2017).
 
49
Treaty on European Union. Article 42 TEU. ABL 2008, C 115/13 of 9th May 2008.
Note from the author: See further explanations under Chap. 5.
 
50
Federal Foreign Office [7].
 
51
Note from the author: See further explanations under Point 11.​1.
 
52
Note from the author: See further explanations under Point 10.​4.
 
53
Note from the author: See further explanations under Point 3.​6.​2.
 
54
Regelsberger [14].
 
55
Note from the author: See further explanations under Point 3.​7.
 
56
Federal Ministry for Economy and Energy [8]: Twinning for administrative institution and capacity building. The following countries were considered candidate status: the former Yugoslav Republic of Macedonia, Montenegro, Serbia; countries without candidate status: Albania, Bosnia and Herzegovina, Kosovo, as well as Turkey. Available from: http://​www.​bmwi.​de/​DE/​Themen/​Europa/​twinning.​html (Accessed on 8th March 2017).
Note from the author: See further explanations under Points 3.​7, 12.​3 and 14.​4.
 
57
Federal Ministry for Economy and Energy [8]: Twinning partners in the European Neighbourhood Region are Armenia, Azerbaijan, Georgia, Moldova and Ukraine, as well as Algeria, Egypt, Israel, Jordan, Lebanon, Morocco and Tunisia. Available from: http://​www.​bmwi.​de/​DE/​Themen/​Europa/​twinning.​html. (Accessed on 8th March 2017).
Note from the author: See further explanations under Point 3.​7.
 
58
Federal Ministry for Economy and Energy [8]: Main objectives of the EU ’Twinning Project’. Available from: http://​www.​bmwi.​de/​DE/​Themen/​Europa/​twinning.​html (Accessed on 8th March 2017).
 
59
ntv.de [11].
Note from the author: See further explanations under Point 4.​3.​5.
 
60
Putzke [13]: Prof. Putzke, University Passau—Ist Angela Merkel eine Schleuserin? A criminal assessment. Available from: http://​www.​jura.​uni-passau.​de/​putzke/​aktuelles/​ (Accessed on 8th March 2017).
 
61
Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory, Residence Act—Germany. Section 14 Unlawful entry; exceptional visa
(1)
The entry of a foreigner into the federal territory shall be unlawful if he or she
1.
does not possess a required passport or passport substitute in accordance with Section 3 (1),
 
2.
does not possess the residence title required in accordance with Section 4,
 
2a.
does possess the necessary visa pursuant to Sect. 4 upon entry, but obtained it by threat, bribery or collusion or by furnishing incorrect or incomplete information, for which reason it is revoked or annulled retrospectively, or
 
3.
is not permitted to enter the federal territory in accordance with Section 11 (1), (6) or (7) unless he or she possesses a temporary entry permit in accordance with Section 11 (8).
 
 
(2)
The authorities charged with policing cross-border traffic may issue exceptional visa and passport substitute documents.
 
 
62
Code of Criminal Procedure in the version published on 7th April, 1987 (Federal Law Gazette [Bundesgesetzblatt] Part I p. 1074, 1319), as most recently amended by Article 3 of the Act of 23rd April 2014 (Federal Law Gazette Part I p. 410). Section 163—Duties of the Police
(1)
The authorities and officials in the police force shall investigate criminal offences and shall take all measures that may not be deferred, in order to prevent concealment of facts. To this end they shall be entitled to request, and in exigent circumstances to demand, information from all authorities, as well as to conduct investigations of any kind insofar as there are no other statutory provisions specifically regulating their powers.
 
(2)
The authorities and officials in the police force shall transmit their records to the public prosecution office without delay. Where it appears necessary that a judicial investigation be performed promptly, transmission directly to the Local Court shall be possible. […].
 
 
63
ntv.de [12].
 
64
Regulation [21] No 343/2003—Dublin Regulation. The "Council Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national" was substituted by the new Dublin III Regulation (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26th June 2013) with effect from 1st January 2014. Member States in which this Regulation constitutes directly applicable law are all the Member States of the EU, as well as Norway, Iceland, Switzerland and Liechtenstein.
 
65
Note from the author: See further explanations under Points 4.​5, 4.​6, and 7.​5.
 
Literature
1.
BAMF (2016) Migration, integration, asylum political developments in Germany 2015 annual policy report by the German national contact point for the European Migration Network (EMN)
2.
3.
4.
5.
Federal Criminal Police Office (2015) Annual Report 2013
6.
Federal Criminal Police Office (2016) Cyber-OC—Scope and manifestations in selected EU MS
7.
8.
9.
Herdegen, Matthias/Thürer, Daniel/Hohloch, Gerhard (1996) Der Wegfall effektiver Staatsgewalt: The Failed State
10.
Laube L (2013) Grenzkontrollen jenseits nationaler Territorien
11.
12.
13.
14.
15.
16.
17.
18.
19.
Charter of the United Nations was signed on 26th June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24th October 1945. The Statute of the International Court of Justice is an integral part of the Charter
20.
21.
Regulation (EC) No 343/2003—Dublin Regulation. The “Council Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national” was substituted by the new Dublin III Regulation (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26th June 2013) with effect from 1st Jan 2014
22.
Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community, 13th Dec 2007, 2007/C 306/01
Metadata
Title
Border Management in Transformation
Author
Johann Wagner
Copyright Year
2021
Book
Border Management in Transformation

Print ISBN: 978-3-030-62727-0

Electronic ISBN: 978-3-030-62728-7

Copyright Year: 2021

DOI
https://doi.org/10.1007/978-3-030-62728-7_15

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