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2021 | OriginalPaper | Chapter

9. EU Agencies with Regard to Integrated Border Control Within the Framework of the Created Compensatory Measures

Author : Johann Wagner

Published in: Border Management in Transformation

Publisher: Springer International Publishing

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Abstract

Generally, the EU agencies are juridical separate and independent from the EU institutions, which have been established to perform certain tasks under EU law.

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previous chapter Coordinated Border Management
next chapter Frontex—The EU Border Management and Coast Guard Agency
Footnotes
1
European Union [21].
 
2
European Commission [18].
 
3
Council of the European Union [30]
 
4
Eurojust [15]. Eurojust casework in 2010–1424 cases, 2011–1441 cases, 2012–1533 cases and 2013–1576 cases.
 
5
Council Regulation No 2725/2000 of 11th December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention.
Regulation (EU) [34].
 
6
Commission Recommendation of [28] establishing a common “Practical Handbook for Border Guards (Schengen Handbook)” to be used by Member States’ competent authorities, when carrying out the border control of persons.
‘Stateless person’ (Definition No 21) refers to a person who is not considered as a national by any State under the operation of its law.
 
7
Regulation (EU) No 603/ [34].
 
8
Official Journal of the European Union L 180 of 29th June [24], p. 2.
 
9
Ibid.
Council Framework Decision 2002/584/JHA of 13th June 2002 on the European arrest warrant and the surrender procedures between MS—Statements made by certain MS on the adoption of the framework decision.
 
10
European Council [19]: The Hague Programme: Strengthening Freedom, Security and Justice in the European Union (2005/C53/01). “Point 1.​7.​2—Biometrics and Information System. The European Council requests the Council to examine how to maximise the effectiveness and interoperability of EU information systems in tackling illegal immigration and improving border controls as well as the management of these systems on the basis of a communication by the Commission on the inter-operability between the Schengen Information System (SIS II), the Visa Information System (VIS) and Eurodac to be released in 2005, taking into account the need to strike the right balance between law enforcement purposes and safe- guarding the fundamental rights of individuals.” Available from: https://​eur-lex.​europa.​eu/​LexUriServ/​LexUriServ.​do?​uri=​OJ:​C:​2005:​053:​0001:​0014:​EN:​PDF (Accessed on 2nd January 2017).
 
11
European Council [20].
 
12
Frontex [23].
European Commission, MEMO/08/85: New tools for an integrated European Border Management Strategy, Brussels, 13th February [16], European Commission IP/08/215: A comprehensive vision for an integrated European border management system in the twenty-first century, Brussels, 13th February 2008.
 
13
Residence Act in the version promulgated [36]. Section 9a.
EU long-term residence permit. Foreigners generally require a residence permit for entry and stay. The residence law provides for a total of five different residence titles: the Residence Permit, the Blue Card EU, the Permission to Stay—EU, the Permanent Residence Permit and the Visa.
ESTA—Electronic System for Travel Authorisation. Available from: https://​www.​esta-online.​org/​ (Accessed on 3rd January 2017).
 
14
European Commission [17].
 
15
Wasser—und Schifffahrtsverwaltung des Bundes—WSV [26]: AIS stands for ‘Automatic Identification System’ and is an automatic ship identification system. With AIS, ships identify and give their position, course and speed, as well as other data clearly known to others. AIS is designed to prevent collision at sea, the automatic exchange of information between ships, and with land stations, as well as with the coastal traffic centres as a complementary means of maritime traffic safety. AIS thus enhances the safety of life at sea, the safety and efficiency of navigation, and, as a whole, the protection of the maritime environment by improving traffic and ship safety among each other and with the transport centres on the coast. Available from: https://​www.​wsd-nord.​wsv.​de/​Maritime_​Verkehrstechnik/​Maritime_​Verkehrstechnik/​Funknavigaton/​AIS/​index.​html (Accessed on 3rd January 2017).
 
16
European Parliament [32].
 
17
Bendel [1]. Europäische Migrationspolitik—Bestandsaufnahme und Trends, p. 16.
Communication of 13th February 2008 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Preparing the next steps in border management in the European Union [COM (2008) 69 final—Not yet published in the Official Journal].
Specific rules for the border crossing of bona fide travellers.
 
18
Ibid.
 
19
Frontex Guidelines for Risk Analysis Units Structure and tools for the application of CIRAM version 2.0. 2. Frontex: background, mandate and objectives. Further explanations under Point 10.​3.​2.
 
20
UNHCR [25]: Sir Elihu Lauterpacht and Daniel Bethlehem. “Non–refoulement is a concept which prohibits States from returning a refugee or asylum seeker to territories where there is a risk that his or her life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group, or political opinion.” Available from: https://​www.​unhcr.​org/​419c75ce4.​html (Accessed on 3rd January 2017).
 
21
Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III, classification number 100–1, as last amended by Article 1 of the Act of 23rd December [27] (Federal Law Gazette I p. 2438).
 
22
EU Agency for Fundamental Rights [13].
 
23
Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III, classification number 100–1, as last amended by Article 1 of the Act of 23rd December [27] (Federal Law Gazette I p. 2438).
The right to informational self-determination (RIS—Recht auf informationelle Selbstbestimmung) is understood as the right of the individual to determine, in principle, the award and use of his personal data. The RIS is not explicitly regulated in the Basic Law. In its census judgment, the Federal Constitutional Court has developed it from the general personality right (Article 2 (1) of the Basic Law, Article 1 (1) of the Basic Law) and provides it as a particular form of general personality law.
 
24
Council Decision [29].
 
25
Ibid.
 
26
Regulation (EU) [35]/2219 of the European Parliament and of the Council of 25th November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA.
 
27
Deutsche Hochschule der Polizei [5]: In January 2013, the German Police University has been accredited by the German Council of Science and Humanities for the period of five years. On 1st March 2016, the German Police University celebrated its 10th anniversary. Available from: https://​www.​dhpol.​de/​en/​index.​php (Accessed on 3rd January 2017).
 
28
CEPA [3]: Central European Police Academy Available from: https://​www.​mepa.​net/​en/​cepa/​Pages/​default.​aspx (Accessed on 3rd January 2017).
 
29
CEPOL [4].
 
30
BKA [2].
 
31
Official Journal of the EU (2009): Council Decision (2009/371/JHA) of 6th April 2009 establishing the European Police Office (Europol).
 
32
BKA [2].
 
33
Ibid.
 
34
Ibid.
 
35
Federal Foreign Office [22].
 
36
Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III, classification number 100–1, as last amended by Article 1 of the Act of 23rd December [27] (Federal Law Gazette I p. 2438).
The right to informational self-determination (RIS – Recht auf informationelle Selbstbestimmung) is understood as the right of the individual to determine, in principle, the award and use of his personal data. The RIS is not explicitly regulated in the Basic Law. In its census judgment, the Federal Constitutional Court has developed it from the general personality right (Article 2 (1) of the Basic Law, Article 1 (1) of the Basic Law) and provides it as a particular form of general personality law.
 
37
EU–LISA [14].
 
38
EASO [7]: European Asylum Support Office. EASO is an agency of the European Union that plays a key role in the concrete development of the Common European Asylum System. Available from: https://​easo.​europa.​eu (Accessed on 4th January 2017).
 
39
EASA [6]: European Aviation Safety Agency. EASA is the European Union Authority in aviation safety. Available from: https://​www.​easa.​europa.​eu/​the-agency (Accessed on 4th January 2017).
 
40
ECDC [8]: European Centre for Disease Prevention and Control. The European Centre for Disease Prevention and Control (ECDC) was established in 2005. It is an EU agency aimed at strengthening Europe's defences against infectious diseases. Available from: https://​ecdc.​europa.​eu/​en/​Pages/​home.​aspx (Accessed on 4th January 2017).
 
41
EFSA [9]: European Food Safety Agency. EFSA is the EU risk assessment body for food and feed safety. It provides independent scientific advice to risk managers. Available from: https://​www.​efsa.​europa.​eu. (Accessed on 4th January 2017).
 
42
EMSA (2016): European Maritime Safety Agency. EMSA provides technical assistance and support to the European Commission and Member States in the development and implementation of EU legislation on maritime safety, pollution by ships and maritime security. Available from: https://​www.​emsa.​europa.​eu (Accessed on 4th January 2017).
 
43
EMCDDA [10]: European Monitoring Centre for Drugs and Drug Addiction. The EMCDDA exists to provide the EU and its Member States with a factual overview of European drug problems and a solid evidence base to support the drugs debate. Today it offers policymakers the data they need for drawing up informed drug laws and strategies. Available from: https://​www.​emcdda.​europa.​eu (Accessed on 4th January 2017).
 
44
EPPO [12]: European and Mediterranean Plant Protection Organisation. EPPO is an intergovernmental organisation responsible for European cooperation in plant protection in the European and Mediterranean region. Under the International Plant Protection Convention (IPPC), EPPO is the regional plant protection organisation (RPPO) for Europe. Available from: https://​www.​eppo.​int (Accessed on 4th January 2017).
 
Literature
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Bendel P (2009) Europäische Migrationspolitik—Bestandsaufnahme und Trends
2.
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11.
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14.
15.
Eurojust (2016) Annual report 2015. ISBN 978–92–9490–074–6
16.
European Commission (2008) Communication of 13th Feb 2008 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Preparing the next steps in border management in the European Union [COM(2008) 69 final—Not yet published in the Official Journal]. Next steps in border management in the EU
17.
18.
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20.
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24.
Official Journal of the European Union (2013) L180 of 29th June 2013
25.
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27.
Basic Law for the Federal Republic of Germany (2014) In the revised version published in the Federal Law Gazette Part III, classification number 100–1, as last amended by Article 1 of the Act of 23rd Dec 2014 (Federal Law Gazette I p 2438)
28.
Commission Recommendation of 06/XI/2006 C (2006) 5186 final establishing a common “Practical Handbook for Border Guards (Schengen Handbook)” to be used by Member States’ competent authorities when carrying out the border control of persons
29.
Council Decision (2005)/681/JHA of 20th Sept 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA (OJ L 256, 1 Oct 2005, p 63)
30.
Council of the European Union (2009) Consolidated version of the Council Decision 2002/187/JHA of 28th Feb 2002 setting up EUROJUST with a view to reinforcing the fight against serious crime as amended by council decision 2003/659/JHA and by Council Decision 2009/426/JHA of 16th Dec 2009 on the strengthening of EUROJUST
31.
Council Regulation No 2725/2000 of 11th Dec 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention
32.
European Parliament (2014) Draft European Parliament Legislative Resolution on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750—C7–0441/2011–2011/0365(COD)) Article 9—National Programs No 2
33.
Frontex Guidelines for Risk Analysis Units Structure and tools for the application of CIRAM version 2.0. 2. Frontex: background, mandate and objectives
34.
Regulation (EU) No 603/(2013) of the European Parliament and of the Council of 26th June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast)
35.
Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25th Nov 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA
36.
Residence Act in the version promulgated on 25th Feb 2008 (Federal Law Gazette I p 162), last amended by Article 3 of the Act of 6th Sept 2013 (Federal Law Gazette I p 3556)
Metadata
Title
EU Agencies with Regard to Integrated Border Control Within the Framework of the Created Compensatory Measures
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_9