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11 Border Control Legal Measures And Policies

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Chapter Summary

The objective of this analysis is to identify who is affected by the controls at these places, which authorities are involved in the control work, the controls and control methods in use, the information systems in use and the protection available to individuals concerned. It is demonstrated that there exists an imbalance between control measures and policies on the one hand and the protection accorded individuals under control on the other hand, caused by a control approach which is not proportional to the protection of individuals on four fronts. Firstly, the control is group-based while group protection is negated. Secondly, the controls are exported outside the Schengen/European Union area to the countries of origin while there is no clear export of protection of individuals. Thirdly, while individual control is accompanied by individual protection the latter are not adequate. Fourthly, non-governmental agents are granted control duties, but no individual protection duties.

Keywords: authorities; Border Control; European Union area; information systems; Legal Measures; non-governmental agents; Policies; protection of individuals; Schengen area

10.1163/ej.9789004162235.i-466.74
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